CASE LAW - R v Drake

On September 21, 2014 Barry Drake was driving a vehicle on Loughborough Drive in Campbell River, B.C. He was a prohibited driver and had decided to "do doughnuts" in a residential area that is part of the Wei Wai Kum First Nation’s Reserve. The street is marked with a sign that reads “You Are Now Entering Private Land - Please Drive carefully.”

Residents contacted the police who attended and dealt with Mr. Drake. At trial, Crown failed to establish to the court that Loughboroug Drive was a highway within the meaning of the Motor Vehicle Act. The Honourable Judge Doherty stated "It seems clear, that access to the public is not ‘as of right.’ As Mr. LaBar notes in his submissions; “The mere fact that the subject road was accessible to the general public does not automatically make it a highway.” This ruling will give little comfort to Band members who called police to confront a reckless driver in a residential neighbourhood where children may play. The Band members on that street, no doubt, thought the Highway Act enforceable on their street."

Mr. Drake was acquitted.

Link:

• Read the Reasons for Judgment - R v Drake