Pros of random breath testing justifies infringing rights: constitutional expert
OTTAWA — The foremost constitutional authority in Canada once argued that random breath testing — similar to what the Liberals proposed to crack down on impaired driving — would infringe Charter rights, but the benefit to public safety would be so strong that it would still be upheld in court.
Toronto-based lawyer Peter Hogg concluded nearly seven years ago that the ability of police to demand a breath sample from motorists at random, even without reasonable suspicion they drank alcohol before getting behind the wheel, would be a reasonable limit on constitutional rights and freedoms.
“I am confident that a constitutional challenge would be unsuccessful,” Hogg wrote in August 2010 after MADD Canada asked him to weigh in.
The Liberal government introduced Bill C-46, which includes new powers for police and harsher penalties for driving under the influence of alcohol or drugs, in the House of Commons last month alongside their long-awaited plan to legalize marijuana for recreational use.