On December 18th, new legislation will go into effect that will impact impaired driving law. Currently, police officers must have reasonable suspicion before demanding a breathalyzer test. Once the new legislation passes though, police can demand it for no reason.

The federal attorney general is “100% certain” that this will pass. Toronto criminal lawyer Ed Prutschi less confident. If it does pass, it will likely be challenged based on constitutional rights.

Prutschi explains that this new legislation also expands and adds to rules around high driving. The new law approves a saliva-screening device used to detect drivers high on marijuana. However, the science behind the test is shaky at best. Prutschi believes that this will open up a flood of new cases for Toronto impaired driving lawyers as they challenge the questionable science behind the tests.

While no one wants drunk or high drivers, Prutschi says these new laws are more concerning when we think about what can come next. Racial minorities could potentially be further racially profiled.

Share this article

More Recent Articles

R. v. Ahmad 2020 SCC 11

https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18383/index.do What is a defence of entrapment? The Supreme Court of Canada, in a case called R. v. Mack https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/391/index.do settled the law of entrapment in Canada....
Read More

R. v. K.G.K 2020 SCC 7

https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18217/index.do What is an 11(b) defence? The Canadian Charter of Rights and Freedoms is meant to guarantee that the person’s criminal charges are dealt with...
Read More

R. v. K.J.M. 2019 SCC 55

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/18035/index.do What is an 11(b) defence? The Canadian Charter of Rights and Freedoms is meant to guarantee that the person’s criminal charges are dealt with...
Read More

R. v. Le 2019 SCC 34

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/17804/index.do R. v. Le: What are you rights when it comes to interaction with the police? The Canadian Charter of rights and Freedoms guarantees protection...
Read More
Call Now ButtonCall Now to Discuss Your Case.