In the News

Federal government to study random breath tests
By Greg Weston
Times and Transcript
March 13, 2010

FREDERICTON - The federal government is considering allowing random roadside breathalyzer tests, as well as tougher penalties for repeat drunk driving offenders.

The idea was raised in a discussion paper from the Department of Justice, itself a response to a 2009 Commons committee report that issued the same recommendation.

The paper cites studies showing that many drivers with illegal blood alcohol levels are able to get through roadside police checks and notes that several other countries — such as New Zealand, Australia and some European countries — already require all drivers to provide a breath sample upon demand.

Currently in Canada, drivers are legally required to provide a breath sample to police, but only if there are reasonable grounds to demand one in the first place.

The paper asserts that allowing for random testing would make it easier for officers to obtain empirical evidence of high blood alcohol content, which is required to prove a drunk-driving offence in court.

Margaret Miller, the national president of Mothers Against Drunk Driving (MADD), said the changes were near the top of her wish list of anti-drunk driving measures.

“I was just ecstatic and it actually brought tears to my eyes,” she said of the measures, which would help reduce the toll of drunk driving.

“There are 1,500 deaths every year in Canada. There’s four people who are killed every day and 207 who are injured. So when we look at the overall numbers, 70,000 people are either killed or injured every year in Canada. If we can reduce even 20 per cent, that’s a significant number. That’s a small community.”

Miller said that the introduction of random breathalyzer tests in Australia resulted in a 35 per cent reduction in deaths and injuries in the first year. She says the same change in Canada would prevent more people from driving drunk, since they would feel less likely to get away with it.

New Brunswick Public Safety Minister John Foran said the idea could be a useful tool to fight drunk driving if accompanied by consultation with various stakeholders.

“As a former police officer and also as Solicitor General, anything that we can do to reduce impaired driving, we’re generally in support of that. I would want to work with my community stakeholders and of course our partners,” like the RCMP, the police associations, MADD and the insurance bureau, he said.

Both Foran and Miller acknowledged that a move towards random testing would also raise questions about civil liberties or privacy concerns, which could lead to a challenge based on the Charter of Rights and Freedoms.

But Miller said the positive effects for overall public safety would ultimately prevail.

“We know there’s going to be concerns. There will definitely be charter challenges here, but we really feel assured that it would defeat all charter challenges,” she said, listing other places where safety is given priority over privacy.

“We are subject to searches whenever you go on a plane, whenever you go into government offices. There’s never been an attack on a public office, but on our highways we’re being continually attacked. We know that it works in other countries.”

The government document, which will be considered within the department before moving ahead with any possible legislative changes, also discusses linking minimum fines for first-time offenders to their blood alcohol content and eliminating or limiting the right to consult a lawyer before giving a breath sample.