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
Iran's president and foreign minister die in helicopter crash at moment of high tensions in Mideast
Iranian President Ebrahim Raisi and the country's foreign minister were found dead Monday hours after their helicopter crashed in fog, leaving the Islamic Republic without two key leaders as extraordinary tensions grip the wider Middle East.
Woman in her 30s in critical condition after her truck collided with a Via Rail train near Montreal
A woman in her 30s is in critical condition after the pick-up truck she was driving was struck by a Via Rail passenger train Monday morning in Quebec's Monteregie region.
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.
U.S. Supreme Court rejects an appeal from a Canadian man once held at Guantanamo
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.
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.
Britain slammed in inquiry for infecting thousands with tainted blood and covering up the scandal
British authorities and the country's public health service knowingly exposed tens of thousands of patients to deadly infections through contaminated blood and blood products, and hid the truth about the disaster for decades, an inquiry into the U.K.'s infected blood scandal found Monday.
ICC prosecutor seeks arrest warrant for Israeli and Hamas leaders, including Netanyahu
The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for leaders of Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu, over actions taken during their seven-month war.
What we know so far about the helicopter crash that killed Iran's president
The apparent crash of a helicopter carrying Iran's president and foreign minister on Sunday sent shock waves around the region.
Red Lobster seeks bankruptcy protection with US$100 million in financing commitments
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.