With tough new impaired driving laws passed by parliament recently, criminal defense lawyers are accusing the legislation of being unconstitutional, with Calvin Barry calling it a breach of the charter.
Among the legislations supporters is Andy Murie of Mothers Against Drunk Driving (MADD), who insists the police still need probable cause to demand a sobriety test. “Only if [police] suspect that you’ve committed an offence of drunk driving and they are following the investigation, and that investigation took them to your house or your bar”, he said.
Although Calvin is a strong supporter of MADD Canada, he said this time they have it wrong.
“Police do not require reasonable suspicion any longer,” Barry told CBC News.
Barry also warns Canadians they can be arrested and charged within the new two-hour time frame if their BAC has risen over the limit — even if they had been sober when they parked their car and planned to take a cab or transit home later.
“That is just a flagrant contravention of one’s civil liberties and a breach of the charter,” Barry said.
Read the full CBC article here.