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Random Breathalizer Tests? Another step towards a Canadian Police State!
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| Jayx1 |
| quote: | The federal justice minister is considering a new law that would allow police to conduct random breathalyzer tests on drivers, regardless of whether they suspect motorists have been drinking.
Justice Minister Rob Nicholson raised the prospect recently at a meeting of Mothers Against Drunk Driving, according to MADD chief executive Andrew Murie.
If random testing were to be adopted, it would be a major change to Canada's 40-year-old breathalyzer legislation, which stipulates that police may only administer a test if they suspect a driver has been drinking.
In June, a House of Commons parliamentary committee recommended changing the legislation to allow for random testing, arguing it is an effective deterrent.
The change would also bring Canada in line with a number of other countries in Europe and countries like Australia, which have adopted similar measures.
Murie said its biggest selling point is that it improves road safety, with drunk driving fatalities dropping 36 per cent in Australia after legislation was introduced, and 23 per cent in Ireland when it made the change.
Tests could infringe on civil liberties
"In the European Union, they demand that their countries, as part of membership for road safety, have sophisticated random breath testing because of the difference it's made in lives saved," he told CBC News.
Murie said the change would allow police at roadblocks to conduct about three times as many breathalyzer tests because they would not need to spend time determining whether there is "reasonable" suspicion a driver has been drinking.
The issue for civil libertarians, however, is that changing the law to allow random testing would be a violation of a person's right to protection against unreasonable search and seizure.
"It has no real place in a democratic society," said Richard Rosenberg of the British Columbia Civil Liberties Association.
"Giving police power to act on a whim is not something we want in an open democratic society."
Liberal MP Ujjal Dosanjh, the former attorney general of British Columbia and a member of the House justice committee, said the question of whether any legislation would be allowable under the Charter of Rights and Freedoms would come down to implementation.
Constraints on police power needed: MP
"It remains to be seen what the actual legislation is when the minister brings it forward because we want to make sure that it's appropriately constrained and it's not too much of an infringement on civil liberties," Dosanjh told CBC News.
Dosanjh said the charter does allow for constraints on rights when they are deemed reasonable, but said he would need to see how those constraints are implemented before judging any future legislation.
"For instance... I wouldn’t want the east side of Vancouver monitored more than the west side of Vancouver because there is a clear economic division in the city," he said.
"We want to make sure that areas are not unnecessarily excessively focused on and that's why I think that we need to make sure that the legislation is properly drafted with appropriate constraints and guidelines for the police," he said.
But Dosanjh pointed out that driving is not a right itself, but rather a privilege subject to licences given by government authorities.
Nicholson could not be reached for comment.
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I really hope the conservatives ignore this recommendation. I have to say that one thing this article fails to mention about australia and europe is that both places have way more laxer drinking laws to begin with. You can drink on the street, no last call etc. I would gladly accept stricter drunk driving laws and even a zero tolerance instead of .08 in exchange for the types of civil liberties given to drinkers in those parts of the world.
And this is one more reason to laugh in the face of MADD when the come trolling annually for donations. |
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| VERTiG0 |
If everyone drives drunk, surely they can't put us all in jail!
HAH HAH who will have the last laugh now? |
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| Sushipunk |
| quote: | Originally posted by Jayx1
I really hope the conservatives ignore this recommendation. I have to say that one thing this article fails to mention about australia and europe is that both places have way more laxer drinking laws to begin with. You can drink on the street, no last call etc. I would gladly accept stricter drunk driving laws and even a zero tolerance instead of .08 in exchange for the types of civil liberties given to drinkers in those parts of the world.
And this is one more reason to laugh in the face of MADD when the come trolling annually for donations. |
As far as I'm aware, you can't drink in the streets over here in Australia :conf:
You can drink in parks etc, but only if you're having food with it. |
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| Jayx1 |
| quote: | Originally posted by Sushipunk
As far as I'm aware, you can't drink in the streets over here in Australia :conf:
You can drink in parks etc, but only if you're having food with it. |
more than you can do here!! The streets part was more aimed at Europe but I do know australia has much looser drink laws than we do. As does everyone outside of saudi arabia |
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| Sushipunk |
| quote: | Originally posted by Jayx1
more than you can do here!! The streets part was more aimed at Europe but I do know australia has much looser drink laws than we do. As does everyone outside of saudi arabia |
Seriously? So if you go and have a picnic in the park or something, you can't take a cooler with beer, or some wine? |
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| geroin |
| quote: | Originally posted by Sushipunk
Seriously? So if you go and have a picnic in the park or something, you can't take a cooler with beer, or some wine? |
in canada no |
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| Dior Homme |
| You need a permit to do so. |
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| *~LiSa-LoO~* |
| quote: | Originally posted by Sushipunk
Seriously? So if you go and have a picnic in the park or something, you can't take a cooler with beer, or some wine? |
Aww you're so romantic. Got a gf? lol j/k |
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| torontobarfly |
| quote: | Originally posted by Sushipunk
Seriously? So if you go and have a picnic in the park or something, you can't take a cooler with beer, or some wine? |
technically, it's against the law..open alcohol in public...but it does happen
during the summer here you can walk along our beaches and see coolers everywhere...the cops have better things to do |
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| Sushipunk |
| quote: | Originally posted by geroin
in canada no |
| quote: | Originally posted by Dior Homme
You need a permit to do so. |
:wtf: That's lame! Are permits easy to get though?
| quote: | Originally posted by *~LiSa-LoO~*
Aww you're so romantic. Got a gf? lol j/k |
Haha, I do :p |
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| Jayx1 |
Permits are not easy to get. You need to be having a special event and then have everything roped off and check ID.
But yeah drinking outside a licensed area is a fine and confiscation of liquor.
No drinks at beaches, parks etc.
Also we have last call at 2 and a ban on alcohol sales from 2 am to 11 am so champagne breakfasts are also illegal
And they do enforce it.. My uncle got done at the beach for having an open beer even though it was in a cooler. Apparently the cops were watching with binoculars?!?!? |
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| torontobarfly |
they enforce it but not hard core
walk along woodbine beach on a weekend and coolers are everywhere
hanlans point might as well have a permit...booze everywhere and you can get high breathing in the air :D
people behave, no complaints, no big brother |
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