Stricter drunk driving laws to take effect across Canada today

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)

(Canadian Press)

Just Posted

Tofino’s affordable housing project at District Lot 114 took another step forward last week thanks to a $3.8 million grant. (tofinohousingcorp.ca)
Tofino scores $3.8M for affordable housing project

Tofino Housing Corproation and Catalyst Community Developments secure funding

The Co-op gas station at Whiskey Creek is burning after a camper van burst into flames just before 4 p.m. on Thursday, June 17, 2021. (FACEBOOK PHOTO)
Exploding camper van torches Highway 4 gas station between Qualicum Beach and Port Alberni

Highway traffic blocked after Whiskey Creek gas station erupts into flames

Timmy Masso smiles alongside his niece Huumiis and nephew Cinkwa. (Submitted photo)
Ucluelet Secondary School graduate earns TD Scholarship for Community Leadership

Timmy Masso’s passionate advocacy of the Nuu-chah-nulth language leads to $70K scholarship

Two ambulances and a medevac helicopter are on scene at Taylor River Flats rest area on Highway 4 due to a serious motor vehicle incident. (PHOTO COURTESY MAGGIE BROWN)
Highway 4 reopens after accident at Taylor River Flats

Multi-vehicle crash had closed highway to west coast

Grade 12 graduates Jada Touchie, Timothy Masso and Brendan Brown are all smiles after receiving their Goodies for the Grads gift packs thanks to a small neighbourhood grant from the Clayoquot Biosphere Trust. (Nora O’Malley photo)
Ucluelet Secondary School grads set to parade through town

Family and friends can cheer on the Class of 2021 this Saturday, June 19 at 4:30 p.m.

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

The remains of the Mid-Island Co-op in Whiskey Creek along the Alberni Highway on Friday, June 18, after a blaze the day before devastated the gas station. (Michael Briones photo)
VIDEO: Camper van explosion burns Vancouver Island gas station to the ground

Nine fire departments responded to the incident, no injuries reported

The Montreal Police logo is seen in Montreal on Wednesday, July 8, 2020. Some Quebec politicians are calling for an investigation after a video was released that appears to show a Montreal police officer with his leg on a young Black man’s neck during an arrest. THE CANADIAN PRESS/Paul Chiasson
Probe called for after video appearing to show Montreal officer’s knee on Black youth’s neck

Politicians call for investigation after clip evokes memories of George Floyd incident

A vial of AstraZeneca vaccine is seen at a mass COVID-19 vaccination clinic in Calgary, Alta., Thursday, April 22, 2021. The website for a Broadway theatre showing "Springsteen on Broadway" said it would only allow guests "fully vaccinated with an FDA-approved vaccine" — Pfizer-BioNTech, Moderna or Johnson & Johnson. THE CANADIAN PRESS/Jeff McIntosh
No Springsteen for you: AstraZeneca not good enough to qualify for Broadway ticket

Victoria area mayor among those unable to attend New York entertainment due to COVID-19 restriction

The BC Ferries’ website is down for the second time in one week from what they say is likely an overwhelming increase in web traffic. (Black Press Media file photo)
Surging web traffic crashes BC Ferries’ site again

Website down for second time this week

John Furlong told the Vancouver Board of Trade on Feb. 20, 2020 that he thinks the city could and should bid for the 2030 Winter Games. (CP photo)
PODCAST: John Furlong lays out a ‘provincial’ B.C. plan to host the 2030 Winter Olympics

Podcast: Chat includes potential role for Vancouver Island communities

The pilot of this single-engine propeller plane was unhurt after crash-landing in a Como Road orchard Friday, June 18. Photo: Laurie Tritschler
Plane crash lands into Grand Forks orchard, pilot injured

RCMP have secured the crash site, pending investigation by Transport Canada

Lake Country firefighters made good use of pet respirators they keep on board June 17, 2021. (District of Lake Country)
PHOTOS: 11 dogs rescued, home destroyed in large blaze in Okanagan

Home deemed a total loss, cause remains unknown but crews thankful for pet respirators

A tenant walks in front of her home on Boundary Road on Friday, June 18, 2021 after it was destroyed by fire the night before in Chilliwack. (Jenna Hauck/ Chilliwack Progress)
Family homeless after fire rips through Chilliwack house

Turtle rescued, no one seriously hurt following Boundary Road fire in Chilliwack

Most Read