It will soon be three years since Canada enacted a controversial law that allows police to breath\u002Dtest any driver without needing suspicion of drinking — a law…
“The salutary effects of the legislation are clear, and may become more apparent with the passage of time. It will increase detection and deterrence of drinking and driving and thereby decrease the loss of life, injury, property damage and overall social cost that it too frequently still causes.”
This means Canadian police are now able to pull over any driver at any time and conduct a mandatory roadside breath test. Refusing the test comes with the same extremely serious penalties as being charged with impaired driving, including an immediate driver’s licence suspension. But so far, judges in provincial courts have swiftly rejected arguments that this new law goes too far. This includes cases in Alberta, Saskatchewan, Ontario and Nova Scotia.that has quickly become influential, Justice Krista Lynn Leszczynski ruled on a Charter challenge of a mandatory screening conducted near the city of Sarnia on Dec. 22, 2018 — just four days after the new law took effect.
In her ruling, Leszczynski accepted the Crown’s argument that suspicion-based testing lets too many impaired drivers slip through undetected “as a result of an officers’ general inability to reliably observe indicia that a driver had alcohol in their body during routine traffic stops.”
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