QPL Articles
Random breath testing would not violate Charter rights: constitutional expert
By Jonathan Ablett | May 23, 2017
The Liberal government introduced Bill C-46, which includes new powers for police and harsher penalties for driving under the influence of alcohol or drugs, in the House of Commons last month alongside their long-awaited plan to legalize marijuana for recreational use.
The bill was expected to come up for second reading on Friday, May 19 2017.
The proposed law includes new mandatory alcohol screening measures that would allow police to demand a breath sample from any driver they lawfully stop even if they had no suspicion the person had been drinking before being pulled over.
Toronto-based lawyer Peter Hogg weighed in on the proposed law and stated that random breath testing will typically be applied to every driver passing through a checkpoint, so there is no stigma or humiliation involved, and no singling out of individuals on improper grounds (such as racial profiling). As such, he is of the opinion that the proposed law would not violate Section 8 of the Charter of Rights and Freedoms, which protects against unreasonable search and seizure and that a constitutional challenge would be unsuccessful.
While the risk of racial profiling is not new, it remains to be seen if the proposed law would create a greater risk of racial profiling.
See more at globalnews.ca/