Mandatory breath tests begin to make pit stops on roads nationwide
Mandatory breath tests are becoming the norm for policing on Canada’s roads, but are they legally sound? One accomplished criminal defence lawyer told True North that they hold up to scrutiny and are likely here to stay.
Ottawa was Canada’s most recent jurisdiction to alert drivers that they may be subject to a mandatory breath test, administered with an approved screening device, if they are pulled over, regardless of the reason for the initial stop.
Approved screening devices are commonly referred to as breathalyzers. However, the ASD is a small device that police have on hand to determine grounds for a breathalyzer. It provides the results from a breath sample provided at the scene.
Breathalyzers are larger machines usually found at police stations or inside checkstop vehicles and are used to verify blood alcohol readings for those who have been arrested. Tests with breathalyzers take more time.
“Under Canada’s Mandatory Alcohol Screening law, drivers must comply with a police officer’s demand for a sample, even in the absence of any suspicion that they have consumed alcohol,” said Acting Sergeant Amy Gagnon of the Ottawa Police’s Impaired Countermeasures Unit.
Canada’s Mandatory Alcohol Screening was amended in 2018 to allow police to demand a breath test of any driver, regardless of suspicion.
I was in law enforcement for nearly 3 decades. I find this law an violation of Canadians rights. I find it offensive. I would want no part in enforcing it were I still working today. None. I equate this to cracking down on lawful Canadian firearm owners because of the lack of determination and will of our justice system to enforce laws already on the books with the goal being ‘genuine’ deterrence and denunciation. Trudeau has been a literal ‘Chicken Little’ on gun crimes for years. Yet police cannot ‘stop and frisk’ known gang members skulking around even in high crime areas for illegal firearms. Despite it being a a proven and highly effective (as in smashing success) law enforcement tool. Why? Charter violation!!! Oh, but mandatory breath tests for any/all citizens simply because they are driving their vehicle is not?
Canadian justice is an oxymoron. I suspect you know that.