Can you have alcohol in your car?

Can I have open liquor in a vehicle in Manitoba? Is it against the law to have alcohol in your car? Can I have open alcohol in my trunk? As the go-to lawyer for most of my friends and family, these types of questions have come up lately. And it makes sense. People want to make sure they are following the rules and the the law can get complicated in the area of drinking and driving. I have handled many drive impaired cases and open liquor tickets in Winnipeg and across Manitoba, so here's what you need to know.

First of all, laws can be different all over Canada, so be aware the information on this page applies to the Province of Manitoba. Laws can also change over time, so this information was accurate as of April 2018.

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1. Legal rule - HTA Law

We need to start by looking at The Highway Traffic Act (HTA) in Manitoba and section 213(1) that says:

• No person shall cause, permit, or suffer any liquor, as defined in The Liquor, Gaming and Cannabis Control Act, to be in a vehicle upon a highway contrary to any provision of that Act.

1. Lawyer to human translation

That really isn't very helpful. Basically it tells us that we have to look at The Liquor, Gaming and Cannabis Control Act (LGCCA). If you break the rules under the LGCCA, then you're breaking this rule in the HTA. 

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2. Legal rule - LGCCA General Law (Motor Vehicles)

Section 60 in the LGCCA talks about liquor in motor vehicles: 

• 60(1) A person must not drive or have the care and control of a motor vehicle, whether or not the motor vehicle is in motion, if there is liquor in the motor vehicle, unless the motor vehicle is the subject of a licence or permit.

2. Lawyer to human translation

This sets out the main rule which is NO LIQUOR in a vehicle at all unless you have a licence/permit. Liquor means anything with 1% of alcohol or more (obviously this includes all spirits, wine, and beer). But don't panic, you haven't been accidentally breaking the law your whole life because there are several exceptions that we will talk about shortly. Remember that even if you aren't driving your car, you still have to follow these rules. If you're leaving some liquor in your car overnight or you are loading up your car after your visit to the MLCC, you must store your alcohol properly and follow these rules.

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3. Legal rule - Closed Liquor (Any Motor Vehicle)

• 60(2) Subsection (1) does not apply (a) if the liquor is in a bottle, can or container that has not been opened or unsealed;

3. Lawyer to human translation

If you haven't opened the liquor and you haven't broken the seal on the liquor, then it is considered CLOSED LIQUOR and you can have it in anywhere in your car. So, as long as you haven't been cracking the seal between the store and your car, then you have been following the law this whole time.

Closed liquor

The container has never been opened & the seal is not broken

In a vehicle

You can have closed liquor anywhere in a car, truck, or SUV

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4. Legal rule - Open Liquor (Car, Truck)

• 60(2) Subsection (1) does not apply (b) if the liquor is stored in the trunk, an exterior compartment on the vehicle or another space designed for the carriage of goods or baggage that is not readily accessible to any person in the motor vehicle;

4. Lawyer to human translation

If you have OPEN LIQUOR, its time to pay attention. Open liquor must be kept it in the trunk of your car, the bed of your truck, or in a rooftop carrier. You can also store it in the back of the vehicle if the liquor isn't easy to get at by the driver or passengers in the vehicle. But what about SUVs and vans? That's part of the very next rule, so keep reading.

Open liquor

You have opened the container (doesn't matter if it is still full or not)

In a car

Store open liquor in the trunk (or rooftop carrier)

In a truck

Store open liquor in the bed of the truck (or rooftop carrier)

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5. Legal rule - Open Liquor (Van, SUV)

• 60(2) Subsection (1) does not apply (c) in the case of a motor vehicle that is a station wagon, van or hatchback style of vehicle, if the liquor is stored behind the rear of the last seat in the vehicle, whether or not that seat is in an upright position; or

5. Lawyer to human translation

If you have OPEN LIQUOR in a station wagon, van, hatchback, or SUV, then you have to put it behind the last set of rear seats (basically the trunk or back area). If you folded down the last set of rear seats, you have to make sure the liquor is remaining as close to the rear of the vehicle as possible. Basically, you can't fold down the seats so the alcohol can be closer to the driver inside the vehicle. But what about my motor home? You guessed it, that's the next section.

In a van or SUV

Store open liquor behind the last row of seats

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6. Legal rule - Open Liquor (Motor Home)

• 60(2) Subsection (1) does not apply (d) in the case of a motor vehicle that is a motor home, if (i) it is being used as a residence, or (ii) the liquor is stored in a cabinet or other storage compartment away from the driver's area while the motor home is not being used as a residence.

6. Lawyer to human translation

If you're using your motor home as your living quarters or your residence (you're not driving it around), then you can have OPEN LIQUOR anywhere. If you're at a camp site and the motor home is parked for the night, then it is just like your home - you can have alcohol anywhere. If you're not using the motor home as your home/residence (basically, you're driving it), then OPEN LIQUOR must be in a cabinet or other area of the vehicle that is far away from the driver. 

In a motor home

Store open liquor anywhere if you're not moving, but if you're moving then keep it away from the driver

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7. Legal rule - Open Liquor (Taxi)

• 60(3) The operator of a motor vehicle used for the transportation of persons for compensation must not transport liquor unless the liquor is in the possession of a passenger and is being transported in accordance with subsection (2).

7. Lawyer to human translation

Taxi drivers cannot have any liquor and have to make sure their passengers are following the rules for transporting open or closed liquor as outlined above.  

In a taxi

Taxi drivers cannot have any liquor and taxi passengers have to follow the normal rules for open or closed liquor

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8. Legal rule - LCGA General Law (Boats)

• 61(1) A person must not operate or have the care and control of a boat while there is liquor in the boat, unless the boat is the subject of a licence or permit.

8. Lawyer to human translation

This sets out the main rule which is NO LIQUOR in a boat at all unless you have a licence/permit. Now again, there are some exceptions. Boats include anything that is used to travel on water so motorboats, canoes, and jet skis are all considered boats.

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9. Legal rule - Closed Liquor (Boats)

• 61(2) Subsection (1) does not apply (a) if the liquor is in a bottle, can or container that has not been opened or unsealed; or

9. Lawyer to human translation

Just like with motor vehicles, if you haven't opened the liquor and you haven't broken the seal on the liquor, then it is considered CLOSED LIQUOR and you can have it in anywhere in your boat.

Closed liquor in a boat

You can have closed liquor anywhere in a boat

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10. Legal rule - Open Liquor (Boats)

• 61(2) Subsection (1) does not apply (b) if the liquor is stored in a closed compartment in the boat.

10. Lawyer to human translation

If you have OPEN LIQUOR, its time to pay attention again. Open liquor in a boat must be in a closed compartment or storage area in the boat. 

Open liquor in a boat

You must store open liquor in a closed compatment or storage area on the boat

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Is a single can of unopened beer/cooler open or closed liquor?

It is not 100% clear whether or not a single can of beer would meet the definition of open liquor or not. Some people would argue that the container is the cardboard box that beer cans comes in, so if the beer can is not in the cardboard box anymore or if the cardboard box is open, then it is open liquor. You can buy single cans at the Liquor Mart and then you do not get a cardboard box at all, so does that mean you are leaving the store with open liquor? Other people would argue that the purpose of the laws are to prevent people from consuming alcohol while in their vehicles. Therefore, if the can itself is not open, then it would be impossible to consume the contents - so as long as the can itself is sealed and closed, then it is closed liquor. So, there are arguments on both sides. It is a lot easier and cheaper to treat single cans as open liquor than it would be to get charged with an offence, proceed to trial, and then possibly win. So if you have a single can or a few single cans, treat it as open liquor and avoid the headaches of a ticket.

Single can

Be safe rather than sorry, treat it like open liquor

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Consequences If You're Guilty 

What kind of punishment you will get depends if you are charged under the HTA or the LGCCA. Let's start with the HTA. 

• Summary conviction offence

• 2015 Brown Book says the fine is a set amount of $237.50

• Manitoba Public Insurance (MPI) will also deduct 2 points on your Driver Safety Scale (MPI Calculator)

What about the LGCCA? 

• Summary conviction offence

• (a) in the case of an individual, to a fine of not more than $50,000, imprisonment for up to six months, or both; and

• (b) in the case of a corporation, to a fine of not more than $250,000.

Final Thoughts

There's a lot of things that you can do that are both completely legal and completely idiotic. In Canada, we have freedom of expression, so you're within your rights to tell the guy bench-pressing 225 lbs. at the gym that you think he's a wimp. Not a smart idea. Similarly, even though you can legally have closed liquor anywhere in a vehicle, it is always a good idea to keep it in the trunk/back and out of sight. You don't need the extra attention of a police officer that stops you when they see liquor in your vehicle. Be responsible.

Related articles

• Impaired Driving or DUIs (michaeldyck.ca)

• Trying to Beat the Breathalyzer Test (michaeldyck.ca)

• Is Marijuana Use Impaired Driving (michaeldyck.ca)

• Supreme Court of Canada Series: R. v. Bingley (DRE Experts) (michaeldyck.ca)

About the author

Michael Dyck is a partner at Rees & Dyck Criminal Defence. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.

Mix 96 Steinbach Guest Spot: Drinking and Driving Costs

It isn't every day that as you flip through your news feed app on your phone that you see a picture of yourself...

At the end of December, I was invited to be a guest speaker on Mix 96.7 FM in Steinbach to talk about the costs of drinking and driving. Everybody seems to know that it is against the law to drive while you're impaired or if you're over the legal limit for alcohol, but most people do not know what will actually happen if you are charged with a drive impaired related offence.

If you just look at the financial costs, you can have several bills to pay including towing charges, an alcohol assessment, legal fees, fines, and court costs. It all adds up to a fairly hefty bill where it may be cheaper to hire a helicopter to take you home instead.

You can read the news article on the Mix 96 website by clicking here and you can also listen to the interview I did on air with Corny Rempel by clicking here.

Related articles

• Impaired Driving or DUIs (michaeldyck.ca)
• Trying to Beat the Breathalyzer Test (michaeldyck.ca)
• Is Marijuana Use Impaired Driving (michaeldyck.ca)
• Supreme Court of Canada Series: R. v. Bingley (DRE Experts) (michaeldyck.ca)

About the author

Michael Dyck is a partner at Rees & Dyck Criminal Defence. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.

Preventing a Break and Enter in Your Home: Tips From a Criminal Defence Lawyer

In the course of my career, I have helped many clients charged with breaking and entering into houses. Even though it is a very serious offence (the maximum sentence is life in prison), some people are prepared to engage in risky and criminal behaviours. Based on my discussions and cases, here are a few steps you can take to make your home less appealing to a potential burglar.

Tip #1

Never confront someone who is breaking into your house/garage

First, you should never confront someone that has broken into your home. If you find a stranger in your home, make sure you do not block the path between them and the door - give them an escape route that does not involve going near you. Instead, get a phone and call the police immediately. There was a recent case in Niverville, Manitoba (June 2017) where a homeowner tried to apprehend a burglar breaking into his garage. The burglar stabbed the homeowner and ran away, but he was arrested shortly afterwards. The homeowner said it is not worth it to get stabbed or killed to protect your property and he "wouldn't do it again." You can read the article by clicking here.

In my experience, people who regularly commit break and enters are trying to avoid people and confrontation. They may be as scared of you as you are of them. Most residential break and enters happen during the daytime, while homeowners are at work. Burglars want to access your home when no one is around during the day instead of at night time when most people are at home sleeping. In some cases, a burglar will try ringing your doorbell or knocking to see if anyone is home or not. Try and look out the window or peephole in the door and if it is someone you do not recognize, do not open the door but yell that you want them to go away. You can contact the police if you feel scared or threatened in any way.

Tip #2

Make sure alarm stickers are easily visible around your house

Second, alarm systems make sounds and can contact the police but once someone is inside your house, the alarm itself may not scare them away. An alarm may just tell them they have to move quicker than normal to escape before the police arrive. However, having alarm company stickers on your windows and doors is something burglars look for to try and avoid houses that have alarms. So, the alarm itself may not stop the break and enter but the alarm signs or stickers might.

Tip #3

Install bolt locks on your garage and house door

Third, forcing in a door is a common way people can gain entry to your home. So, the key is to have a strong door that cannot be easily forced open. Bolt locks are essential because they reinforce the door and make it harder to simply push open. Furthermore, an additional bolt lock is not an expensive upgrade.

Tip #4

Install security bars in garage and basement windows

Fourth, you want to make sure your windows lock as well and you may want to install metal bars in garage or house windows so that a thief cannot climb in if the window is broken. Garages are commonly broken into. Metal bars over the window are clearly visible and tell potential burglars that getting inside isn't that easy.

Tip #5

Close your blinds or shades when you are not home

Fifth, when you are gone during the day or on a holiday, close all of your blinds and window coverings. This way, people cannot see inside your home to determine if you are there or not. Once again, burglars are looking for empty houses and they want to avoid people

Tip #6

Train your dog to bark when someone comes to your house

Sixth, if you have a dog, then you can try and train your dog to bark when someone is at the door knocking or ringing the bell. Break and enter thieves do not want confrontation with people or animals and a dog is an extra hassle when you are trying to get in and out of a house quickly.

Tip #7

If you leave your car keys at home, keep them out of sight

Seventh, do not leave your car keys in plain sight if your vehicle is at home. I have seen many cases where a break and enter turns into a car theft because the thief found the keys inside the home and then drove off with the car. If you are leaving the house empty for a day or short holiday, hide car keys so they are out of sight. Bicycles are commonly stolen from garages. Even if your garage is locked, you can also use a bicycle lock inside your garage so if a burglar gets inside, it is still difficult to steal your bicycle.

Tip #8

You can install video surveillance cameras

Finally, you can install cameras. Most thieves probably will not notice cameras so they would not act as a deterrent. The video surveillance may help the police to identify and arrest the individual afterwards, but at that point it may be unlikely that your stolen property will be recovered.

Related articles

• Safety and Crime Prevention - Break and Enter (ottawapolice.ca)

• Preventing Break Ins (sgicanada.ca)

• Cell Phones and Driving in Manitoba (June 2016 Update) (michaeldyck.ca)

• Winnipeg Police - Lie Detector Test (michaeldyck.ca)

• How does a youth criminal record work? (tomrees.ca)

• Appealing a sentence in Manitoba (tomrees.ca)

About the author

Michael Dyck is a partner at Rees & Dyck Criminal Defence. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.

Fort Richmond Collegiate: May 19, 2017 Presentation

I was invited to come speak to a class at Fort Richmond Collegiate about being a lawyer.

I am offering a contest for any students at the presentation to enter to win a $20 gift card to Tim Hortons, Starbucks, or 7-Eleven. The draw will close on Saturday, May 20th at 5:00 pm.

Supreme Court of Canada Series: R. v. Oland (Bail Pending Appeal)

On March 23, 2017, the Supreme Court of Canada released its unanimous decision in R. v. Oland, 2017 SCC 17. 

This case dealt with the issue of bail pending appeal. Basically, if a person is convicted and sentenced to serve custody (a jail sentence), he or she has the right to apply for bail and be released into the community instead of remaining in custody while the appeal is being decided. Appeals can take months or sometimes years to be completed and if the appeal is successful and the custodial sentence is set aside, it would be unfair that the person would have had to spend that whole time waiting in jail.

In this case, Mr. Oland was convicted for second degree murder. He applied for bail pending his appeal before a single judge of the Court of Appeal and it was denied on the basis of public interest - the judge was not satisfied that public confidence would be maintained in the administration of justice if Mr. Oland was released on bail. Even though the judge found that Mr. Oland posed no danger to the public at large. Mr. Oland appealed that decision to a review panel but the panel of judges decided the bail judge's decision was not unreasonable and there were not any material error of facts, law, or mixed facts and law. Mr. Oland then appealed that decision to the Supreme Court.

Before the Supreme Court heard this appeal about his bail, Mr. Oland's appeal of his conviction was successful and a new trial was ordered. He was then granted bail pending his re-trial. But the Supreme Court proceeded anyway to address this issue because it was an important legal issue and held at para. 28:

Appellate judges continue to have difficulty resolving the tension between enforceability and reviewability, especially in cases like the present one, where they are faced with a serious crime on the one hand, and a strong candidate for bail pending appeal on the other.

The Court also wanted to make it clear about what public confidence means, specifically, who is the public at para 47:

This person is someone who is thoughtful, dispassionate, informed of the circumstances of the case and respectful of society’s fundamental values. In that sense, public confidence in the administration of justice must be distinguished from uninformed public opinion about the case, which has no role to play in the decision to grant bail or not.

The Court commented on how the review panel should act under s. 680(1):

First, absent palpable and overriding error, the review panel must show deference to the judge’s findings of fact. Second, the review panel may intervene and substitute its decision for that of the judge where it is satisfied that the judge erred in law or in principle, and the error was material to the outcome. Third, in the absence of legal error, the review panel may intervene and substitute its decision for that of the judge where it concludes that the decision was clearly unwarranted.

Ultimately, the Supreme Court determined that Mr. Oland ought to have been released on bail pending appeal.

Related articles

• Supreme Court of Canada Series: R. v. Bingley (DRE Experts) (MichaelDyck.ca)

• Supreme Court of Canada Series: R. v. Anthony-Cook (Joint Recommendations)(MichaelDyck.ca)

• Supreme Court of Canada Series: R. v. Jordan (Unreasonable Delay) (MichaelDyck.ca)

• Supreme Court of Canada Series: R. v. Safarzadeh-Markhali (Pre-Sentence Custody Credit) (MichaelDyck.ca)

• Supreme Court of Canada Series: R. v. St-Cloud (Tertiary Ground for Bail) (MichaelDyck.ca)

• Supreme Court of Canada Series: R. v. Nur (Mandatory Minimums for Firearms) (Michael Dyck.ca)

About the author

Michael Dyck is a partner at Rees & Dyck Criminal Defence. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.