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VIDEO: Impaired driving law prompts response from police chief, lawyer

Nov 7, 2017 | 4:29 PM

 

MEDICINE HAT, AB — Changes could be on the way for how roadside impairment tests are handled across the country.

Bill C-46 has passed third reading in the House of Commons, including a provision would allow for mandatory impaired driving tests during routine traffic stops even without suspicion of impaired driving from police.

Police chiefs are championing the move, but some lawyers say the law could end up being a violation of constitutional rights.

Medicine Hat Police Chief Andy McGrogan said it would be a slight inconvenience to get more drunk drivers off the road.

“It’s a 30-second, blow into this instrument, and then we get a reading on alcohol,” said McGrogan. “So, what’s the big deal? If they don’t have the screening device with them, they can’t hold and delay people, I think which is where people would become upset.”

Defence lawyer Rob Robbenhaar disagreed however, saying it potentially violates constitutional rights of unreasonable search or seizure.

“You’re going to have a lot of law-abiding citizens that will be subject to this testing, like I said without speaking to any council [or] any grounds for the police.”

The bill passed third reading in the House of Commons last week and will be going to the Senate for review.

The mandatory screening of drivers aspect falls within part two of the bill, with the first part addressing drug-impaired driving ahead of next year’s legalization of marijuana.

Medicine Hat-Cardston-Warner MP Glen Motz voted against the bill, and said while there are strong aspects of the proposed law, he has some concerns with how it’s presented.

“Balancing civil rights and liberties with public safety, I think [the Liberal Party] may have crossed a line there.”

In May of 2017, the Globe and Mail and Nanos Research conducted a poll of 1,000 Canadians asking if they support the proposed plan.

Over half of respondents either opposed or somewhat opposed the motion, though 24 percent of those polled gave their full support.

Police Chief McGrogan and criminal defence lawyer Rob Robbenhaar speak with CHAT News below about the law.