Justice minister defends doing random breath tests on drivers

— Demanding a breath sample from a motorist is no different than asking for their licence and registration, Canada’s justice minister argued Thursday as the federal Liberal government defended its proposed new crackdown on impaired driving.

Jody Wilson-Raybould tabled a so-called “charter statement” in the House of Commons comprising the arguments why the government believes the new measures are permissible under the Charter of Rights and Freedoms.

“The Supreme Court of Canada has recognized as reasonable the authority, under provincial law and common law, of police officers to stop vehicles at random to ensure that drivers are licensed and insured, that the vehicle is mechanically fit, and to check for sobriety,” Wilson-Raybould’s statement says. “The information revealed from a breath sample is, like the production of a driver’s licence, simply information about whether a driver is complying with one of the conditions imposed in the highly regulated contexts of driving.”

Bill C-46, which includes new powers for police and harsher penalties for driving under the influence of alcohol or drugs, was introduced last month alongside the government’s long-awaited plan to legalize marijuana for recreational use.

The new mandatory alcohol screening measures would mean police could demand a breath sample from any driver they lawfully stop — even if they had no suspicion the person had been drinking.

The bill would also allow police to demand a saliva sample from a driver if they reasonably suspect the person has drugs in their body, such as by noticing unusually red eyes, abnormal speech patterns or the telltale scent of marijuana.

The proposed legislation has raised eyebrows among some criminal lawyers, who believe it will be challenged in court.

Anthony Moustacalis, president of the Criminal Lawyers’ Association, said he is also concerned the new law could lead to a higher number of random stops of visible minorities.

Robert Solomon, national director of legal policy for MADD Canada, said people already have to go through mandatory screening in order to do all sorts of things.

“Mandatory alcohol screening serves exactly the same protective purpose as airport, border and courtroom searches, but is far more effective and addresses a far greater risk,” said Solomon.