Dear Editor,

Later this year, Canadian drivers could face a new reality on the road – random breath testing.

Last week, Bill C-46, the Liberal Government's bill to tackle drug-impaired driving (introduced alongside C-45 which legalizes marijuana) received Royal Assent. While this bill was introduced to create new measures for those who use drugs and drive, what many do not know is that this bill introduces new police powers at the roadside for alcohol detection – most notably, random breath testing.

Random breath testing refers to a system wherein an officer, without any evidence, reasonable suspicion, or even slightest inkling that an individual has consumed alcohol, may demand that someone provide a breath sample. Currently, officers must have a reasonable suspicion that the subject is impaired and must be able to demonstrate that there is a need for the test to be conducted immediately. Bill C-46, which will take effect in December of this year, removes these requirements and gives officers the ability to demand a breath test from anyone, in any place, at any time.

These new powers are concerning and are almost certain to be challenged in court. Numerous lawyers and constitutional experts have stated throughout the review of this bill in the House of Commons and in the Senate that C-46 and these new police powers could breach Section 8 of the Canadian Charter of Rights and Freedoms. Section 8 states that: "Everyone has the right to be secure against unreasonable search or seizure." Random breath testing is certainly an infringement on these rights. Once again, we are seeing this Government play fast and loose with the Charter. They like to uphold it when compensating convicted terrorists but seem to forget about it when it puts up roadblocks to their agenda.

One of the most concerning outcomes of random breath testing is how it will affect visible minority populations. During their appearance before the Senate Committee on Legal and Constitutional Affairs, the Indigenous Bar Association stated that due to random breath testing they "foresee constitutional challenges arising from the proposed legislation on the basis of racial profiling, the erosion of the presumption of innocence and socio-economic factors." They went on to state that the bill "may cause further harm to the relationship between Indigenous peoples and the police."

It was due to testimony like this from numerous other groups that the Senate committee voted to remove random breath testing from the scope of the legislation. Unfortunately, the Liberals rejected these amendments and forced the bill to pass with random breath testing included in the bill and provisions that allow it to come into effect in December of this year.

Furthermore, Canada already has in place a system of police powers known as selective breath testing which has been working. Selective breath testing provides for most of the same powers as random breath testing with the exception that police must have reasonable suspicion to proceed with the tests. This is an important requirement that protects the civil liberties of Canadians and certainly those, as the Indigenous Bar Association has stated, of minority groups.

Further still, the evidence suggests that the current system is working. Statistics Canada conducted a comprehensive study of the data surrounding impaired driving in Canada. When they conducted this study in 2015 they found that impaired driving was at its lowest level since 1986 and was on a steady decline.

It is important for all legislation concerning police powers to strike the right balance between public safety and individual freedoms. Bill C-46 fails in this regard. It creates a system that allows for increased racial profiling, reduces civil liberties, and does not enhance public safety.

After December 1st, be prepared, you could be in for a lengthy roadside stop. Under the Liberals the new roadside philosophy is "guilty until proven innocent."

Sincerely,

Larry Miller, MP Bruce-Grey-Owen Sound