Lawyer Paul Doroshenko explains:
The federal Liberal government has some big changes planned for Canadian drivers. The biggest part of this change is how police will have increased powers to pull over anyone for random roadside breath tests. Currently, police are required to form a reasonable suspicion that a driver has alcohol in their body before making a demand for a roadside breath sample (ASD sample). When the new law takes effect, that will no longer be the case.
The impact to the rights of Canadian drivers is huge. And it’s unfortunate that government is pushing forward with these changes without really thinking about the implications for how this will play out in the courts. The most recent example of this was in 2008, when the Harper Conservative government made changes to get rid of an impaired driving defence called “evidence to the contrary.”
Essentially, government was seeking to eliminate a defence that allowed a driver to challenge a breathalyzer’s results by demonstrating through other means that they were not over .08. The Conservative government was pressured by interest groups to make this change, and implemented the legislation without much additional thought.
It was a HUGE mistake and by now, we have all paid for it. The changes were battled in court for more than four years, involving dozens of decisions at provincial and supreme courts, and ultimately all the way to the Supreme Court of Canada.
From court staff to judges to sheriffs to government lawyers, a considerable amount of resources was exhausted each time the issue was fought in court. Millions of dollars were wasted. It was a mess. And from the looks of things, we’re heading into an even bigger mess that promises to toss the Canadian court system into disarray for many years to come.
We’re telling you right now, that Canada’s new DUI laws will cost taxpayers millions of dollars.