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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

(Canadian Press)

(Canadian Press)

Just Posted

There were 31 new COVID-19 cases in the Terrace local health area during the week of Feb. 21 to Feb. 27, 2021. (BC Centre for Disease Control)
Northwest B.C. remains a COVID-19 hot spot

There were 31 new cases reported in the Terrace local health area between Feb. 21 and Feb. 27

Union of B.C. Indian Chiefs president and Grand Chief Stweart Phillip speaking at a rally with chiefs from around B.C. outside of the Coastal GasLink pipeline route in 2019. The UBCIC said in an open letter to Terrace city council that it was “heartbroken” to hear about the situation. (Black Press Media File Photo)
Union of B.C. Indian Chiefs ‘heartbroken’ by McCallum-Miller resignation

Terrace’s first Indigenous councillor resigned Feb. 22, alleging systemic racism

Terrace RCMP found gloves containing suspected methamphetamine and purple fentanyl following a traffic stop on the afternoon of March 2, 2021. (Black Press Media File Photo)
Terrace RCMP seize suspected methamphetamine, fentanyl following traffic stop

Police observed passenger of the vehicle trying to hide bags of white substance between their legs

General voting day for the Terrace trustee by-election is Saturday, March 6 at the Terrace Sportsplex Multipurpose Room from 8 a.m. to 8 p.m. (Black Press file photo)
Terrace trustee by-election: Meet the candidates

General voting day is March 6 at the Terrace Sportsplex Multipurpose Room from 8 a.m. to 8 p.m.

Terrace RCMP arrested two men on Feb. 17 after they were told to leave the Sunshine Inn and then became combative with police. (Black Press Media File Photo)
Terrace RCMP arrest men visiting a person in COVID-19 isolation

Men attempted to strike police with a chair, threatened to kill officers when told to leave

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

Walter Gretzky father of hockey hall-of-famer Wayne Gretzky waves to fans as the Buffalo Sabres play against the Toronto Maple Leafs during third period NHL hockey action in Toronto on Tuesday, Jan. 17, 2017. THE CANADIAN PRESS/Nathan Denette
Walter Gretzky, father of the Great One, dies at 82

Canada’s hockey dad had battled Parkinson’s disease and other health issues

Municipal Affairs Minister Josie Osborne speaks in the B.C. legislature, March 4, 2021. (Hansard TV)
B.C. Liberals, NDP sing in harmony on local election reforms

Bill regulates paid canvassers, allows people in condo buildings

(National Emergency Management Agency)
No tsunami risk to B.C. from powerful New Zealand earthquake: officials

An 8.1 magnitude earthquake shook the north of New Zealand Thursday morning

(AP Photo/Richard Vogel, File)
Pandemic stress, isolation key factors as to why Canadians turned to cannabis, alcohol

Study found that isolation played key role in Canadians’ substance use

Grand Forks’ Gary Smith stands in front of his Church of the Flying Spaghetti Monster float. Photo: Submitted
Grand Forks’ Flying Spaghetti Monster leader still boiling over driver’s licence photo

Gary Smith, head of the Church of the Flying Spaghetti Monster of B.C., said he has since spoken to lawyers

A Cowichan Valley mom is wondering why masks haven’t been mandated for elementary schools. (Metro Creative photo)
B.C. mom frustrated by lack of mask mandate for elementary students

“Do we want to wait until we end up like Fraser Health?”

(Pxhere)
B.C. research reveals how pandemic has changed attitudes towards sex, health services

CDC survey shows that 35 per cent of people were worried about being judged

Most Read