OPP's mandatory alcohol screening during traffic stops 'not acceptable': CCLA
A spike in impaired driving-related collisions has caused Ontario’s provincial police to begin enforcing mandatory alcohol screening (MAS) at all traffic stops in the Greater Toronto Area -- a move one civil rights group says is ‘not acceptable.’
Speaking with CP24 on Thursday, Shakir Rahim, director of the Criminal Justice program at the Canadian Civil Liberties Association (CCLA), said that as the new measures do not require officers to have reason to request a breathalyzer test, they are unjustifiable.
“This is an unjustified power to interlude into someone’s life without any suspicion [that] they have done something wrong,” he said. “That’s not acceptable.”
Announced on Wednesday, the OPP said the implementation of MAS follows a nearly 30 per cent increase in impaired-related driving collisions in the last year, compared to the previous five-year average, with the GTA being the highest-ranked jurisdiction for these kinds of offences.
“We’ve seen impaired drivers, with you know, not a lot of breath smells and out in the wind, in the weather, it’s hard to determine,” OPP Highway Safety Division Sgt. Kerry Schmidt said in an interview with CP24. “And now this takes away any bias, any situations, we’re just going to be testing everybody.”
Schmidt said that if drivers refuse to provide a breath sample, they will be criminally charged.
“If you don’t provide a breath sample, that’s a bad situation as well. You will be charged criminally with refusing, and that is a criminal charge, like failing [a breathalyzer is a criminal charge].”
Prior to these measures, officers only requested alcohol testing when they had reason to suspect a driver was under the influence. While Schmidt said that these provisions that are already in place will not change, people getting stopped for other reasons will have to undergo a breathalyzer test.
“Maybe that’s the reason we’ve wanted to get this education awareness out, people are confused,” he said. “They get stopped for having a cellphone, stopped for speeding, and now they’re asked to provide a breath sample.”
While the measure is sparking some backlash, criminal defence lawyer Lydia Riva says MAS has been part of the law since five years ago so police are legally allowed to do it.
“This has been the law since 2018, since then, police have been able to do roadside breath demand without reasonable suspicion of drunk driving, if the officer has in their possession an approved screening device and they’ve stopped the person for a lawful purpose,” Riva said to CP24.
A news release by the OPP said that MAS are used and recognized throughout the world and have proven results.
CTVNews.ca Top Stories
Prosecution rests in Donald Trump’s hush money case. The defence now gets its turn to call witnesses
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
What is BORG drinking, and why is it a dangerous trend? An expert explains
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
The world's best airline is paying staff a bonus of 8 months' salary
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
'The root cause': Canada outlines national action plan to fight auto theft
The federal government is launching what it calls its 'national action plan' to combat auto thefts, which will include stronger penalties for thieves, and increased information sharing between police agencies, government officials and border enforcement.
U.S. Supreme Court rejects appeal from former Guantanamo detainee Omar Khadr
The U.S. Supreme Court on Monday rejected an appeal by a Canadian-born former Guantanamo detainee who was seeking to wipe away his war crimes convictions, including for killing a U.S. soldier in Afghanistan.
Red Lobster probes 'endless shrimp' losses after bankruptcy filing
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.
Katy Perry sings goodbye to 'American Idol'
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'
McGill says pro-Palestinian protest outside senior administrator's home 'crosses the line'
McGill University has denounced a pro-Palestinian protest held Sunday outside the home of one of its senior administrators.
'Next man up': Canucks coach, teammates bracing for Game 7 without Brock Boeser
Questions about how the team is going to handle the absence of star winger Brock Boeser from a do-or-die game seven dominated pre-game interviews with the Vancouver Canucks coach and players Monday morning.