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
Signs of Alzheimer’s were everywhere. Then his brain improved
Blood biomarkers of telltale signs of early Alzheimer’s disease in the brain of his patient, 55-year-old entrepreneur Simon Nicholls, had all but disappeared in a mere 14 months.
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.
Usyk beats Fury by split decision, becomes undisputed heavyweight champion
Oleksandr Usyk defeated Tyson Fury by split decision to become the first undisputed heavyweight boxing champion in 24 years.
$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.
VIA Rail service delayed for hours due to suspicious package investigation in Kingston, Ont.
VIA Rail service resumed in the Kingston, Ont. area late Saturday afternoon, after a suspicious package investigation halted train service for more than four hours over the Victoria Day long weekend.
His SUV was stolen on Montreal's South Shore. Then he got a $156 parking ticket
A couple is frustrated after their SUV was stolen from Montreal's South Shore in March and they received a parking ticket for the same vehicle last week.
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.
Jesus is their saviour, 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. pipeline company argues its 'haulers' are not trucks, for tax purposes
A contractor working on the Coastal GasLink pipeline has been denied more than $333,000 worth of tax rebates because pieces of machinery it purchased – and claimed were not trucks – were deemed sufficiently truck-like in B.C. Supreme Court.