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
$500K-worth of elvers seized at Toronto airport
Fishery and border service officers seized more than 100 kilograms of unauthorized elvers at the Toronto Pearson International Airport on Wednesday.
Woman with liver failure rejected for a transplant after medical review highlights alcohol use
For nearly three months, Amanda Huska has been in an Ontario hospital, part of it on life support, because of severe liver failure. Her history of alcohol use is getting in the way of her only potential treatment: a liver transplant.
Banking mogul suing government after intelligence leaks leave him shut out of Canadian economy
Chinese Canadian banking mogul Shenglin Xian has launched a $300 million lawsuit against the federal government. It’s a means to find the source of intelligence leaks which Xian says has cost him his livelihood.
Truck engulfed in flames with owner on scene in Scarborough
A truck was engulfed in flames in the early hours in Scarborough on Saturday.
Jesus is their savior, Trump is their candidate. Ex-president's backers say he shares faith, values
As Donald Trump increasingly infuses his campaign with Christian trappings while coasting to a third Republican presidential nomination, his support is as strong as ever among evangelicals and other conservative Christians.
B.C. man 'attacked suddenly' by adult grizzly near Alberta boundary: RCMP
A B.C. man is recovering from multiple injuries after he was "attacked suddenly" by an adult grizzly bear near Elkford Thursday afternoon.
Box tree moths have infested Ontario and experts say more are coming. Here's what to do to protect your garden
An invasive moth species is on the rise in Canada and, if you've planted a certain shrub, it could stand to ruin your garden.
To plant or not to plant? Gardening tips for May long weekend
May long weekend is finally here, and with the extra time off you may be getting the itch to head out to your garden and plant. However, the old debate whether you should plant now, or wait, is still ever-present.
Hundreds walk backwards in downtown Montreal to symbolize the decline of LGBTQ2S+ rights
On Friday, hundreds gathered and walked backwards in the heart of Montreal to honour the International Day Against Homophobia, Transphobia and Biphobia.