As part of the Trudeau government's bill to legalize marijuana in this country, sweeping changes were proposed to impaired driving laws. Now legal experts are saying that the changes could go too far, possibly violating the Canadian Charter of Rights and Freedoms.
The changes affected when officers could ask for a driver to give a breath sample. Before the new legislation, officers could only do a test if they had "reasonable suspicion" that a driver was impaired by alcohol. The change allows officers to demand a breath sample from any driver they have stopped, including at check stops.
Another part of the old law let drivers claim that they had been drinking either just before, or after they were driving, and therefore were impaired after their drive, not during. The burden was on police to prove they were impaired while they were driving The new law means that drivers are considered impaired if they blow over the limit up to two hours after driving.
Those are the two big problems according to legal experts, the CBC reports. They spoke with Calgary defence lawyer Dale Fedorchuck and University of Calgary law professor Lisa Silver about the changes.
Fedorchuck worries that the changes mean that it's now the responsibility of the driver to prove their innocence. They now have to prove they consumed alcohol or drugs after they got out of the vehicle, rather than police proving they were impaired behind the wheel. Having a few drinks after arriving home could put a person over the limit within the two-hour window, even if they had not consumed before or during driving.
Silver is "a little puzzled, actually" over the dropped requirement for reasonable suspicion. She believes there will be litigation around the new law because the Canadian Charter of Rights and Freedoms states that "everyone has the right to be secure against unreasonable search or seizure." Mandatory breath testing without reasonable suspicion may violate that section, impairing the rights of Canadians.
Not all groups are unhappy with the new DUI legislation. Anti-impaired driving advocacy group Mothers Against Drunk Driving "welcomes" the new impaired driving rules. Prince Albert, BC, MADD president Trina Cockle calls the new rules "very solid," adding that MADD Canada has long voiced support for mandatory roadside screening.
