Stricter drunk driving laws to take effect across Canada on Tuesday

Stricter drunk driving laws to take effect across Canada on Tuesday

New rules that increase penalties for drunk driving and expand police powers to demand breath samples take effect across Canada on Tuesday, with some predicting the law will face a series of legal challenges.

The legislation, which passed in June at the same time as new rules for drug-impaired driving, is intended to curb injuries and death by helping police catch drivers with more than the legal limit of alcohol in their bloodstreams.

It gives police officers the right to ask for a breath sample from any driver they lawfully stop, lowering the bar from the previous legislation, which required that an officer have reasonable suspicion that a person had been drinking. Such a system is already in place in more than 40 countries.

Toronto-based lawyer Michael Engel, who often defends those charged with impaired driving, said the new rules are a big change that raise concerns about baseless searches.

“This is a radical departure from previous law, which insulated people against warrantless searches without probable cause,” he said.

The new rules could lead to a backlog in the legal system as lower courts wait for higher courts to make a decision on likely challenges to the law’s constitutionality, he said.

“It’s a brave new world,” Engel said. “This is a wholesale change to the criminal code.”

Civil rights organizations have also sounded alarms about the new rules, with the Canadian Civil Liberties Association expressing concern that mandatory alcohol screening will unfairly affect racial minorities who are disproportionately singled out by cops for traffic stops.

Justice Minister Jody Wilson-Raybould has said she has “every expectation” the law will be challenged in the courts, but noted that she’s sure it’ll pass the test. She said it’s in line with the Charter of Rights and Freedoms.

Drunk Driving

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, said growing COVID-19 case numbers continue to be a concern in the province. (Chris Schwarz/Government of Alberta)
Alberta announces 1,077 new COVID-19 cases Thursday

There are currently 14,052 active cases in the province

Head coach Jason Chatwood, left, sports one of the Sylvan Lake Gulls’ first on-field hats next to Aqil Samuel, general manager and president of baseball operations, earlier this year.
Sylvan Lake Gulls ticket sales off to flying start

With the inaugural season quickly closing in, the Sylvan Lake Gulls hit… Continue reading

Photo by Chris Schwarz/Government of Alberta)
Alberta’s chief medical health officer publicly criticizes staffer who leaked info

EDMONTON — Alberta’s chief medical officer of health, dealing with rocketing COVID-19… Continue reading

The RCMP major crimes unit is investigating after a person was found dead at a residence on Stewart Street in Red Deer’s Sunnybrook neighbourhood Wednesday afternoon. (Photo by Sean McIntosh/Advocate staff)
Red Deer RCMP investigating suspicious death in Sunnybrook

A ‘deceased adult’ was found by officers

A detail from Canyon Light, an oil painting by Joan Clement, in the Scale exhibit by members of the Red Deer Art Club. It’s showing at the Viewpoint Gallery in the city’s Culture Services Centre. (Contributed image).
Outdoor art gallery and scavenger hunt is on in Red Deer next month

But First Friday receptions and patio concerts are postponed

Mahomes vs. Brady spices up Thanksgiving holiday week

Mahomes vs. Brady spices up Thanksgiving holiday week

Cowboys miss chance for NFC East lead with another home loss

Cowboys miss chance for NFC East lead with another home loss

Arsenal, Leicester, Hoffenheim advance in Europa League

Arsenal, Leicester, Hoffenheim advance in Europa League

Keegan Messing performs during the Men's Short program at the 2020 Canadian Tire National Skating Championships in Mississauga, Ont., Friday, Jan. 17, 2020. If the world figure skating championships do go ahead in a bubble in March in Sweden, there is a good chance Canada won't be there. THE CANADIAN PRESS/Frank Gunn
Canada might not compete at world figure skating championships – if they happen

Canada might not compete at world figure skating championships - if they happen

A piece of hockey history is up for sale, with a rare Vancouver Millionaires sweater, seen in an undated handout photo, hitting the auction block. The cream and maroon wool cardigan is believed to have belonged to Hall of Fame goalie Hugh Lehman, who backstopped the Millionaires to a Pacific Coast Hockey Association championship in 1922-23. THE CANADIAN PRESS/HO-Lelands Auction, *MANDATORY CREDIT*
Hockey history up for sale as 97-year-old Vancouver Millionaires sweater hits auction

Hockey history up for sale as 97-year-old Vancouver Millionaires sweater hits auction

Canada’s Nembhard scores 11 points off the bench in Gonzaga debut

Canada’s Nembhard scores 11 points off the bench in Gonzaga debut

Mighty Heart is breezed by exercise rider Des McMahon, at Woodbine Racetrack in Toronto, Thursday, Oct. 15, 2020. Woodbine Entertainment says it has officially cancelled the rest of its thoroughbred racing season following discussions with the Ontario government. THE CANADIAN PRESS/Chris Young
Woodbine Racetrack ends horse racing season after talks with provincial government

Woodbine Racetrack ends horse racing season after talks with provincial government

As Alberta’s COVID-19 cases rise, so does tension over world junior championship

As Alberta’s COVID-19 cases rise, so does tension over world junior championship

Most Read