A video from the cellblock showing Ottawa Councillor Matthew Luloff exceeding the legal blood-alcohol limit by double after being arrested for suspected impaired driving has been made public, two weeks following its presentation during his trial.
The footage, which serves as a crucial element of the Crown’s case, features Luloff engaging with the breathalyzer technician throughout the roughly 37-minute duration, including several significant exchanges.
“You realize what this is going to mean for me,” Luloff states to the officer. “And I’m a local politician seeking a federal position, so you can think whatever you want, but this is not going to end well for me.”
At that time, the councillor was vying to be the MP for Orléans with the Conservative Party of Canada. He withdrew his candidacy shortly after being charged, citing personal reasons.
In the footage, Luloff repeatedly expresses that he will “never forget” being handcuffed in his garage “with one foot in my house, ready to go to bed.”
He informs the officer, “There are a lot of significant issues in Ottawa, and I’m the individual you’re going to deal with tonight. OK?”
Constable Maranda McCutcheon responds, “Well, I mean, not to be a Debbie Downer, but impaired driving can be very serious.”
“It could be a major issue,” Luloff concedes. “Like, pulling me out of my garage, I mean … it’s like pulling a guy out of his bed.”
Luloff requested release
On the initial day of the trial, Constable Omar Vanwelzenis testified that during the transport to the cellblock, Luloff inquired about the possibility of removing his handcuffs.
“Additionally, he asked me several times if he could be released,” Vanwelzenis recounted in court.
In reality this is an attempt to embarrass Mr. Luloff.Defence attorney Lawrence Greenspon on video publication
Constable Alvis Azzi also provided testimony that night. He mentioned that he asked Luloff about his profession while escorting him to Vanwelzenis’s vehicle, to which Luloff replied that he was the councillor for Ward 1, and “you know that.”
Luloff, the 41-year-old councillor representing Orléans East-Cumberland, pleaded not guilty on January 19 at the beginning of his trial to charges of operating a vehicle while impaired and having a blood-alcohol level exceeding the legal limit within two hours after driving.
The accusations against him remain unproven, and his attorney has claimed that Luloff’s Charter rights have been violated at least seven times, starting when two officers arrived at his home and parked on July 5, 2024, the night of his arrest — coinciding with Nickelback’s performance at Bluesfest.
Canadian rock band Nickelback performed during the Toronto International Film Festival on September 8, 2023. They took the stage at Bluesfest in Ottawa on July 5, 2024, the same night Councillor Matthew Luloff was arrested. (Cole Burston/The Canadian Press)
Media coalition sought access
All evidence presented in the trial was submitted on January 19 and 20.
The decision to release exhibits to the press is ultimately at the discretion of the presiding judge, although it is common for judges to approve the release of exhibits while evidence is being presented.
Following a request from CBC News for the exhibits in this case, Ontario Court Justice Mike Boyce asked the public broadcaster to submit a formal application for a hearing to determine if access and publication could be granted. Postmedia and CTV subsequently joined CBC in their application, leading to a hearing on Wednesday.
The Crown took no stance, while defence attorney Lawrence Greenspon opposed the request. He contended that Luloff was compelled by the state to undergo breath testing and be recorded during the process without prior notice that it could be broadcast later, and argued that prior court decisions regarding media access to exhibits and court transparency had not anticipated such evidence.
“In reality this is an attempt to embarrass Mr. Luloff,” Greenspon stated. “Freedom of the press is nothing less than a fundamental right … a balance needs to be struck.”
Luloff’s defence attorney Lawrence Greenspon had requested the court to stay or dismiss the charges prior to the trial, arguing that the delays were excessive, known as a Jordan or 11(b) application. The judge denied this request. (Giacomo Panico/CBC)
Ultimately, Boyce ruled in favor of media counsel David Taylor. The judge concluded that publishing the video and other exhibits would not jeopardize the fairness of Luloff’s trial, as the evidence had already been presented and it was a judge-only trial with no jury or upcoming witnesses who could be swayed by the exhibits.
Boyce determined that “the administration of justice is enhanced” by allowing the public to view and examine the events that transpired, including the actions of the police.
While Mr. Luloff is a public official, the court must be cautious to ensure that it applies the same standard, the same test, to all individuals subject to applications such as this.Ontario Court Justice Mike Boyce
While Boyce acknowledged that the release of the video “will likely cause discomfort or even embarrassment” for the councillor, he affirmed that this does not outweigh the necessity for court transparency, nor does it undermine Luloff’s dignity.
“While Mr. Luloff is a public official, the court must be cautious to ensure that it applies the same standard, the same test, to all individuals subject to applications such as this,” the judge emphasized.
Boyce is anticipated to announce his findings regarding the alleged Charter violations by police, the admissibility of evidence, and Luloff’s purported offenses on February 27.