Justice Officials Insist Mandatory Roadside Breath Tests Would Be Constitutional

July 11, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The pending legalization of recreational marijuana use has required that the impaired driving rules be updated. These updates will allow police to take roadside breath samples without evidence that a driver has been drinking. This is required since the signs of marijuana (or other drug use) may not be as obvious as those of drinking alcohol.

Ever since the proposed legislation has been discussed there have been serious questions raised about the constitutionality of the practice. Minister of Justice Jody Wilson-Raybould acknowledged that she and the House of Commons committee studying the bill are paying close attention to this new provision.

Currently police require reasonable cause to require a roadside test. The new law would still require police to have cause to pull a car over initially, however once pulled over the y could demand a roadside test without further cause. The government argues this will be a minimally intrusive test that will save an ‘immeasurable’ number of lives.

Opponents argue that this will be a significant infringement on individual liberties. Taking a bodily sample without any indication the law is being broken is a great concern to many MPs and other civil rights advocates.

The government remains firm in its belief however, that the tests will stand up in court, and will not violate peoples’ Charter Rights.

It will be interesting to see what tools the government gives law enforcement officials, and what the Supreme Court will decide upon challenge.

image from https://www.securetec.net/en/saliva-drug-test-drugwipe

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