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

Saanich council recently adopted a 131-step climate action plan expected to cost $2.5-million in the first year of implementation. (Black Press Media file photo)
Tensions high as Saanich considers reigniting local area plan review

Majority vote pushes discussion to fall strategic plan check-in

Alphabet Zoo Early Learning Centre wants to relocate from Langford to 3322 Fulton Rd. in Colwood, but has not been approved for a P-6 zoning by Colwood council. Residents who neighbour the property, have expressed concern to the Goldstream Gazette regarding the potential daycare site. Neighbours Ryan Landa and Selene Winchester said the noise of construction has been disruptive to the area, and the property is not suitable for a daycare. (Photo contributed/Ryan Landa)
Proposed West Shore daycare stirs up controversy amongst neighbours

Neighbouring property owners are concerned about traffic, noise that a daycare would bring to the area

(Black Press Media file photo)
Central Saanich surveys residents’ thoughts on active transportation plan

The online survey results will be used to finalize the plan before it heads to council

Oaklands Elementary’s Division 5 Grade 4/5 class posed with Leila Bui (middle), her dad Tuan Bui (crouching to her left) and mom Kairry Nguyen (right) after presenting the family with a cheque for $710 raised by the students during a necklace sale in December 2020. (Photos courtesy Kairry Nguyen)
Victoria students raise funds for girl seriously injured when struck by vehicle in crosswalk

Oaklands Elementary class contributes to purchase of all-terrain wheelchair for Leila Bui

Saanich Fire Department. (Black Press Media file photo)
Fire displaces three Saanich families from two homes

Saanich firefighters found the fire had spread to a neighbouring home upon arriving

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

Cole Moore with one of his sisters, Jasmin Moore. Photo supplied
Vancouver Island man looks to brain surgery for second chance

Fingers crossed that procedure can give Cole Moore a new lease on life after decade of seizures

Health Minister Adrian Dix, front, B.C. Premier John Horgan and provincial health officer Dr. Bonnie Henry arrive for a news conference about the provincial response to the coronavirus, in Vancouver, B.C., Friday, March 6, 2020. Pandemic emergency measures have been in place for almost a year. THE CANADIAN PRESS/Darryl Dyck
B.C. officials plead for patience as 1.7 million COVID-19 calls flood in

Vaccine registration for 90-plus seniors opened Monday

A West Kootenay man died in an avalanche on March 4 while snowmobiling near Mount Payne, which is indicted by the red flag. Illustration: Google Maps
B.C. father of 3 dead after avalanche in West Kootenay

The man was snowmobiling with a group when incident occurred March 4

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Vaccine hesitancy decreases in B.C. as mass immunizations set to begin: poll

Two-thirds of British Columbians, and Canadians, would get the vaccine as soon as possible

Software engineer Shaimma Yehia, 40, has been forced to re-skill during the COVID-19 pandemic after more than six years of unsuccessfully applying for jobs in B.C.’s tech industry. (Submitted photo/Shaimma Yehia)
Why skilled immigrant women continue to be shut out of B.C.’s booming tech sector

Experienced software engineer Shaimma Yehia, 40, hasn’t found a job since she migrated to Canada 6 years ago

A woman walks through Toronto’s financial district on Monday, July 30, 2018. A new poll suggests most Canadians believe there’s still a long way to go to achieve gender equality in this country. THE CANADIAN PRESS/Graeme Roy
Canadians, especially women, say gender equality not achieved in Canada: Poll

Poll results themselves underscore the challenge, with more men believing equality had been achieved

This image provided by Harpo Productions shows Meghan, The Duchess of Sussex, left, in conversation with Oprah Winfrey. (Joe Pugliese/Harpo Productions via AP)
Race, title and anguish: Meghan and Harry explain royal rift

Meghan said she struggled with concerns within the royal family about her son’s skin colour

Most Read