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

RCMP catch ‘erratic’ driving thieves; upon release steal mountain bike

The incident involved a police chase, taser, and a destroyed vehicle

Warmer fall weather could extend wildfire season: AccuWeather

Above seasonal temperatures are expected throughout September, October and November

‘Unsubstantiated’ bomb threat against CP Rail in Revelstoke

On Aug. 18, a bomb threat was made against CP Rail in Revelstoke

Harvest Hootenanny promises to be a hoot

The event will be held on Sept. 7 at Take to Heart Mill on Westside Road in Revelstoke

VIDEO: Title of 25th Bond movie is ‘No Time to Die’

The film is set to be released in April 2020

New study suggests autism overdiagnosed: Canadian expert

Laurent Mottron: ‘Autistic people we test now are less and less different than typical people’

B.C. father tells judge he did not kill his young daughters

Andrew Berry pleaded not guilty to the December 2017 deaths

Trans Mountain gives contractors 30 days to get workers, supplies ready for pipeline

Crown corporation believes the expansion project could be in service by mid-2022

Riot on the Roof returns to top of North Okanagan Parkade

Party of the summer will rock out above the city

Heavy police responses in Kamloops connected to unfounded weapons calls

Mounties were seen in Westsyde and in North Kamloops on Tuesday night and Wednesday morning

Suspect drops white powder running from police near Kelowna playground

Kelowna RCMP responded to reports of two individuals swinging a chain in a park

Rosemount cooked diced chicken linked to listeria case in B.C.

The symptoms of listeria include vomiting, nausea, fever, muscle aches

B.C. seniors allowed more choice to stay in assisted living

Province doesn’t need to wait for a complaint to investigate care, Adrian Dix says

Most Read