The country has been tending towards a police state for some time. Nowhere are the losses of individual rights accepted by so many people as when these rights are taken away in order to combat drinking and driving. The new amendments to the Criminal Code that came into effect on Dec. 18, are not only draconian but some of the provisions border on the absurd. While some in the media have addressed the fact these amendments infringe upon peoples’ rights, little has been said about whether or not these changes to the law will be effective.
Under the old law, police who lawfully stopped a motorist could demand breath samples be given into a roadside screening device only if the officer had a “reasonable suspicion” the driver had alcohol in his or her system. The reasonable suspicion would be formed if the officer could smell alcohol or observe other indicia of impairment. The new law does away with the need of “reasonable suspicion.” Any driver who is lawfully stopped by a police officer can be required to provide breath samples even if there is no evidence the person had been drinking.