R v Mansour

R. v. Mansour

[1979] 2 S.C.R. 916
Supreme Court of Canada — Estey J. | November 1, 1978; June 14, 1979

Background

Maroun Mansour was driving a motor vehicle on December 30, 1975, in Ontario while his driving licence was suspended by the Province. The twist? He was driving in a parking lot adjacent to an apartment building — a parking lot that was entirely on private property but to which the public had access. Mansour was charged under section 238(3) of the Criminal Code, which makes it an offence to drive a motor vehicle "in Canada" while disqualified or prohibited from driving by reason of licence suspension in any province.

The case wound its way through the courts with conflicting decisions. The trial court convicted Mansour, but the Ontario Court of Appeal reversed the conviction, finding that a private parking lot didn't qualify as driving "in Canada" for the purposes of the Criminal Code. The Crown appealed to the Supreme Court of Canada.

Issues

1. Does driving on a private parking lot constitute driving on a "highway" under Ontario law?
2. Does section 238(3) of the Criminal Code apply to driving anywhere "in Canada" regardless of provincial licence requirements?

The "Highway" Definition

The court first tackled whether a private parking lot counts as a "highway" under The Highway Traffic Act. Section 1(1)11 of the Ontario Act defined "highway" as including "a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles." The court found that this definition, in its "ordinary and popular sense," should not be stretched to include a parking lot adjacent to an apartment building that was established primarily for tenant parking — even if the public could access it.

The Criminal Code Application

Here's where it gets interesting. Even though Mansour wasn't driving on a "highway" requiring a licence under provincial law, the court found he was still guilty under the Criminal Code. Justice Estey explained that section 238(3) doesn't require reference to provincial licence requirements. The phrase "while he is disqualified or prohibited from driving" has "paramount importance" — if someone is licence-suspended anywhere in Canada and drives a motor vehicle anywhere else in Canada, they're caught by this section. The court emphasized that the Criminal Code applies nationwide, and limiting it only to areas where provincial licences are required would create absurd gaps in coverage.

Key Takeaway

Having your licence suspended doesn't just ban you from public roads — under the Criminal Code, it can ban you from driving anywhere in Canada, including private property with public access.

This decision shows that Criminal Code driving prohibitions cast a much wider net than provincial traffic laws. If you're licence-suspended and think you can safely drive on private property, think again — you could face federal criminal charges.