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.
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So this is what we have been talking about?. Was Mr.Drake a senior with health problems who should not be driving? Or is this a new or middle aged driver upset at driving the limit? If Mr. Drake has no license how did he get there to do donuts?(with all due respect to Tim Hortons)
It seem that that the wrong charge was layed, laid- Mr.Drake was driving while prohibited,it seems.
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I would think that the fact that Mr Drake was in the Act of Dangerous Driving, While Prohibited, in a residental area no matter if it's on Native Land or in my driveway should prevail .
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Prohibited driver