Shutterstock
Many are calling it a case of “Big Brother” gone too far in Canada. New laws on impaired driving now give police the authority to demand breath samples from anyone at any time, whether people are in bars, restaurants, and even at work or home.
The most frightening aspect of the new law is the so-called “two-hour” provision.
Authorities can arrest you up to two hours after an alleged offense. All it takes is someone making a complaint that you are driving suspiciously is enough to give authorities the right to test you at home.
It may have been two hours after you have been driving, and you’ve gone home and are settled in and having a drink. You may not have even started drinking until you arrived home. But Canadian authorities can now place the burden of proof on the individual.
It’s now the responsibility of the driver to prove they weren’t impaired when they were on the road. In Canada, the maximum legal blood alcohol count (BAC) is 80 milligrams per 100 milliliters of blood or 0.08.
Theoretically, if officers arrive at your house after you have been driving and your blood alcohol level is higher than 0.08, you could be arrested. Even if your blood alcohol level exceeded that amount because you drank after you arrived home.
It will be up to the individual to prove that their blood alcohol level was lower at the time they were driving.
Under the new law that went into effect December 2018, Section 253 of the Criminal Code of Canada, authorities have the right to demand a blood alcohol sample from any driver for any reason at any time. They no longer need to have a “reasonable suspicion.”
Citizens who refuse to submit to a test can be arrested, ordered to pay a fine, subjected to a suspension of their driver’s license, and ultimately end up with a criminal record.
Defense lawyers say that many Canadians are aware of the law, but not aware of the two-hour provision. Attorneys are calling the law an attack on civil liberties.
Lawyers say the new legislation is ripe for abuse. Someone only need call in a driving complaint to authorities and an officer can be sent to investigate someone in their home or at their place of business. Disgruntled persons could use the law for an act of revenge and cause otherwise innocent individuals to be unjustly prosecuted.
This becomes even more problematic when people are drinking in bars or restaurants. Someone could potentially be arrested when they weren’t going to drive away.
Criminal attorneys expect that the new law will be challenged and could end up going to the Supreme Court of Canada, although such a process is likely to take several years.
