2015 October Newsletter

The Supreme Court of Canada recently upheld BC’s tough new drinking driving laws. Those laws came into place in 2010 and provided police with the power to sanction drivers for impaired driving at the side of the road on the basis of a portable breath device test. Two cases were considered by the Supreme Court of Canada. One related to a group of individuals who received road side suspensions after their failure to provide a breath sample. They argued that the law violated their rights of un-reasonable search and seizure and their guarantee of innocence until proven guilty. The other case concerned a challenge to the law on the basis that a warning being registered on the road side device is not evidence that the driver was impaired. The Supreme Court of Canada ruled against both of these cases, upholding the law and its application in British Columbia.

 

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