The Reasonable Expectation Of Privacy In Your Home Away From Home

• Published date: 01 July 2020
• Subject Matter: Transport, Privacy, Rail, Road & Cycling, Privacy Protection
• Law Firm: McDougall Gauley
• Author: Mr Clayton B. Barry

There has been much discussion in Saskatchewan about the lack of roadside rest stops, as a result of the Provincial government's decision to close nine rest stops. This decision was, of course, reversed as a result, in part, by the advocacy of the Saskatchewan Trucking Association.

The issue got me thinking about rest and how important it is for a driver to have a safe and private space to rest while on the road. For most drivers, that space exists in the cab, which is home and their home away from home.

Prior to law school, I spent a year doing flat deck work in Western Canada. My assigned truck was a cab-over Freightliner Argosy with a cab length of 110 inches and a raised roof sleeper. The best part of the design is that it nearly eliminated the raised "dog house" that made cab-overs so unpopular (and now nearly obsolete) in the North American market. This meant a spacious cab, standing room (and lots of it), and all the creature comforts of home.

Peterbilt owners will likely disagree, but that Argosy with the automated swing steps, flat front, and big cab was really cool (I thought). It became my home away from home and when other drivers saw the big shack coming down the road they knew to look for me. Whether at a truck stop, a road side rest stop, or one of many delivery points, the cab of my truck was a place where I spent more nights at rest than in my own bed.

Unless one has been a commercial driver, it is difficult to understand what the space of the interior of the cab means to one's sense of self and privacy. It houses personal belongings, clothes, toiletries, maybe pets, photographs, and other trinkets that serve as a reminder of people and memories that are important while away from home.

Because the truck is much more than a work place environment or motor vehicle, it important as part of the discussion about hours or service and overall driver health, that the law protects a driver's privacy while in the truck.

Most drivers have nothing to hide, and would gladly open the door for visitors. But, when is the last time you thought about an agent of the government in the execution of her duties coming into your home, or bedroom? For most, the answer is never. There is a very small dividing line, between the driver's seat where the interaction with the peace officer occurs and the living quarters of the truck. It is a unique space at law, and one that is arguably not protected to the extent it deserves.

Section 8 of the Charter of Rights and...