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Orléans East-Cumberland Coun. Matthew Luloff has been found guilty of impaired driving and having a blood alcohol level exceeding the legal limit within two hours of ceasing to drive.
Ontario Court Justice Mike Boyce found that Ottawa police breached Luloff’s Charter rights when responding officers failed to tell Luloff the reason for his detention, and when one of the officers searched a satchel for his keys. But the breaches did not rise to the level that all the evidence in the case should be excluded.
Luloff has been fined $3,500, plus a 30 per cent victim fine surcharge. He can’t drive for one year, having relinquished his licence to a court clerk at the end of his sentencing Thursday.
“Today the court rendered its decision,” Luloff said outside the courthouse. “I accept this decision. And I accept responsibility for my actions. And that’s all I have to say today.”
Luloff, the 41-year-old councillor for Orléans East-Cumberland, pleaded not guilty Jan. 19 at the outset of his trial to operating a vehicle while impaired and having a blood alcohol level above the legal limit within two hours of ceasing to drive. Closing arguments took place Jan. 21.
He was arrested at his home July 6, 2024, shortly after midnight, and was charged July 9.
Luloff resigned his candidacy to represent Orléans as an MP for the Conservative Party of Canada the day after he was charged, July 10, citing a personal matter. The charges against Luloff became public a couple of weeks later.
WATCH | Luloff’s breathalyzer video:
Video shows city councillor blowing double the legal blood-alcohol limit
A cellblock video depicting Ottawa Coun. Matthew Luloff twice blowing double the legal blood-alcohol limit after his arrest for suspected impaired driving has now been released to the media, two weeks after it was shown during his trial.
Luloff’s trial heard that he blew double the legal limit in two breathalyzer tests at the Ottawa police cellblock. It came after a woman driving toward Orléans called 911 to report a Jeep swerving all over the road and almost hitting her vehicle.
Video footage of the breathalyzer testing — a key piece of evidence in the Crown’s case — shows Luloff interacting with the technician throughout the approximately 37 minutes he’s shown, and contains several important conversations between them.
‘Scrutiny can be intense’
CBC led a consortium of news organizations to ask the court to release Luloff’s cellblock video and other trial exhibits. Luloff and his lawyers were opposed.
The day the judge released the exhibits, Feb. 5, Luloff posted a written statement on his personal and work Facebook pages.
“When personal challenges become visible, the scrutiny can be intense. Too often, empathy gives way to assumption, and disagreement hardens into something unkind. We would all benefit from being more graceful with one another,” part of the statement reads.
“None of us is at our best all the time. Sometimes we fall short of our own standards…. Growth often begins there, in reflection rather than certainty. Strong communities understand this. They allow room for people to learn, to recalibrate, and to keep moving forward.”
Neither the video nor the allegations against him were mentioned.
Defence lawyer Lawrence Greenspon argued at trial that Luloff was subjected to seven breaches of his Charter rights by Ottawa police, and that evidence against Luloff should be tossed as a result. (Giacomo Panico/CBC)7 alleged Charter breaches by police
Luloff’s defence lawyer Lawrence Greenspon argued that Ottawa police violated Luloff’s Charter rights no fewer than seven times the night of Luloff’s arrest, starting from the moment two constables pulled up to his driveway and parked.
Greenspon, assisted by Jadden Howell, told the judge the alleged breaches by police officers included:
Entering Luloff’s property without a warrant at a time when the alleged offence was not continuing.Telling Luloff they were investigating a traffic complaint when, as the defence contends, it was an impaired driving investigation from the start.Keeping him under detention by standing in his way and parking in a manner that blocked the driveway.Conducting a warrantless search of the fanny pack/satchel Luloff was seen placing on the ground, which contained the keys to the Jeep.Delaying his rights to counsel while he was being detained and after he was arrested for about three minutes.Forgetting to read Luloff the routine demand for a breath sample until he had already been transported to the cellblock.
More to come.