Stricter drunk driving laws to take effect across Canada today

It gives police officers the right to ask for a breath sample from any driver they lawfully stop

New rules that increase penalties for drunk driving and expand police powers to demand breath samples take effect across Canada on Tuesday, with some predicting the law will face a series of legal challenges.

The legislation, which passed in June at the same time as new rules for drug-impaired driving, is intended to curb injuries and death by helping police catch drivers with more than the legal limit of alcohol in their bloodstreams.

READ MORE: Drivers can expect compulsory breathe tests at road checks

It gives police officers the right to ask for a breath sample from any driver they lawfully stop, lowering the bar from the previous legislation, which required that an officer have reasonable suspicion that a person had been drinking. Such a system is already in place in more than 40 countries.

Toronto-based lawyer Michael Engel, who often defends those charged with impaired driving, said the new rules are a big change that raise concerns about baseless searches.

“This is a radical departure from previous law, which insulated people against warrantless searches without probable cause,” he said.

The new rules could lead to a backlog in the legal system as lower courts wait for higher courts to make a decision on likely challenges to the law’s constitutionality, he said.

“It’s a brave new world,” Engel said. “This is a wholesale change to the criminal code.”

RELATED: Police in Ontario resort to ‘naming and shaming’ drunk drivers

Civil rights organizations have also sounded alarms about the new rules, with the Canadian Civil Liberties Association expressing concern that mandatory alcohol screening will unfairly affect racial minorities who are disproportionately singled out by cops for traffic stops.

Justice Minister Jody Wilson-Raybould has said she has “every expectation” the law will be challenged in the courts, but noted that she’s sure it’ll pass the test. She said it’s in line with the Charter of Rights and Freedoms.

Toronto police spokesman Sgt. Brett Moore said the lower standard for administering breath tests gives officers another tool in their belt to stop drunk drivers.

“Police miss a lot of impaired drivers,” he said, noting that people can be quite good at masking their impairment.

“It’s just a really good, strong message that there’s a real high likelihood that if you get stopped by police, you’re going to get asked to submit to a breath test.”

The new law has also been welcomed by Mothers Against Drunk Driving Canada, which said mandatory alcohol screening has a proven track record of making roads safer.

READ MORE: Supreme Court upholds B.C.’s drunk driving laws

Under the new rules, maximum penalties for many alcohol-impaired driving offences are being bumped up to 10 years from five, which the federal government and police forces alike hope will act as a deterrent for would-be drunk drivers.

But Engel said that whether it has an effect remains to be seen.

“To date, it’s not apparent that any of the measures, which are already quite punitive, are having any deterrent effect,” he said.

Provincial police in Ontario noted that between the beginning of 2018 and the middle of November, its officers had laid more than 7,300 impaired driving charges.

According to federal statistics, an average of almost four people die in Canada daily due to impaired driving.

The Canadian Press

Like us on Facebook and follow us on Twitter.

 

(Canadian Press)

Just Posted

Tofino opens B.C’s first-ever Express & Go recycling station

New unstaffed facility allows residents to drop-off pre-bagged recyclables without sorting them.

New RCMP detachment officially opens in Tofino

“This is a great facility and I think all of you here should be proud of it.”

VIDEO: Saanich resident shocked when trespasser licks security camera, rummages through mail

‘I found the situation really bizarre,’ said the Gordon Head resident

Tofino’s West Coast Winter Music series warms hearts

Kicking off their 20th anniversary celebration is Pablo Cardenas’ Trio on Nov. 2.

Ucluelet’s Edge-to-Edge Marathon turns 20 this weekend

Over 400 runners get set for half-marathon or 10K distances.

Union says Western Forest Products refuses to budge from ‘unreasonable concessions’

According to a press release, both parties met on Oct. 16, 18, 19, and 20.

Alberta man pleads guilty, fined for hunting without a licence in North Island

It’s the responsibility of each hunter or angler to know whether they are considered a B.C. Resident.

B.C. mayor apologizes for removal of Queen’s portrait from council chambers

‘I prefer to be inclusive of the many aspects of our history’

Alcohol a possible factor in crash that killed 17-year-old girl near Williams Lake

A pickup truck left the road and rolled over on Highway 20 on the weekend

Rare bird spotted in Victoria draws enthusiasts from across the continent

It’s the first time a yellow-browed warbler has been reported on the mainland of North America

B.C. woman must pay $1,000 after unleashed dog bites another

Owner should never have left Bibi unattended, tribunal member wrote

Climate activist Greta Thunberg’s mural defaced in Edmonton

The eyes on the portrait were blacked out

App designed to help cut waste and grocery bills

Food security advocates say addressing poverty is ultimate key

Most Read