PARKING LOT STOP RESULTS IN ACQUITTAL

In R. v. Lux, 2012 SKCA 129 the Saskatchewan Court of Appeal dealt with a case where RCMP officers were conducting a routine patrol. While driving near a Hotel in Humboldt, Saskatchewan they observed Ms. Lux’s motor vehicle move in an uneventful manner along the parking area adjoining the hotel. They stopped the vehicle and the main officer’s incident report stated the purpose of the stop was to check for a driver’s licence and vehicle registration. The Saskatchewan Court of Appeal concluded that when the words of Saskatchewan’s Traffic Safety Act are read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme and object of the Act, they do not authorize peace officers to conduct random stops on private parking areas.