Does mandatory alcohol screening infringe on drivers' rights? What you need to know
Toronto-area drivers now must comply with a demand for a breath sample 'even in the absence of any suspicion that they have consumed alcohol'
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Mandatory alcohol screenings are the new normal for drivers during traffic stops in the Greater Toronto Area, according to the Ontario Provincial Police.
Drivers must comply with a demand for a breath sample, the OPP said in a news release this week, “even in the absence of any suspicion that they have consumed alcohol.
“Drivers who do not comply with a breath demand could be charged for failure or refusal to comply under the Criminal Code,” the release said.
The OPP said it’s taking its “strongest measures yet to detect, investigate and remove impaired drivers from our roads.” Here’s what to know.
Why are the OPP conducting mandatory alcohol screenings?
The police said the new measure is in effort to combat a 30 per cent increase in impaired driving crashes and charges compared to the previous five year average in the GTA.
Mandatory alcohol screening (MAS) was introduced in Canada in December 2018 in a series of reforms to impaired driving laws.
According to the federal government, up to 50 per cent of drivers with a blood alcohol concentration above the legal limit may not be detected at roadside check stops.
“Mandatory alcohol screening is a proven traffic safety measure that will deter and better detect alcohol-impaired drivers,” notes a release from the Department of Justice.
Where else is MAS used?
A number of other countries have enacted MAS, including Ireland, Australia, New Zealand, Belgium, France, the Netherlands, Germany and Sweden.
Last month, the Saskatchewan RCMP began conducting roadside mandatory alcohol screenings on all lawful traffic stops, and said the measure will continue on “ongoing basis.”
“Drivers will not be pulled over for the sole purpose of completing a MAS — the MAS will only be requested once a driver is pulled over for other various traffic violations (i.e. speeding, careless driving, brake lights not working, etc.),” RCMP said in a news release.
Similar to the spike in impaired driving charges and accidents in the GTA, Saskatchewan RCMP said they made the decision after the province averaged roughly five people a day being charged with impaired driving in 2023.
On Friday morning, Halifax RCMP and its traffic division also announced it will be conducting MAS during all traffic stops in Halifax Regional Municipality communities it serves throughout the month of May.
The screening takes about 90 seconds and is conducted with the Alco-Sensor FST, an approved screening device.
Does it infringe upon charter rights?
While Mothers Against Drunk Driving has long called for MAS and estimates the measure will reduce impaired driving in Canada by about 20 per cent annually, it also acknowledges criticisms that it infringes on the Charter of Rights.
“Mandatory alcohol screening will certainly be challenged under certain sections under the Charter of Rights (specifically under the sections dealing with unreasonable search and seizure, arbitrary detention and the right to counsel). But we believe — and legal experts agree — that mandatory alcohol screening will successfully withstand that challenge,” the organization said in a fact sheet.
Still, civil liberties groups are concerned. Shakir Rahim, director of the Criminal Justice program at the Canadian Civil Liberties Association, told CP24 that the new measures are “not acceptable.”
“This is an unjustified power to interlude into someone’s life without any suspicion (that) they have done something wrong,” he said.
What are the penalties for impaired driving?
Along with MAS, the changes introduced in 2018 also increased mandatory minimum fines for first offenders and higher maximum penalties for impaired driving.
A first offender with a blood alcohol concentration of 80 to 119 mg of alcohol per 100 ml of blood is subject to a mandatory fine of $1,000. The fine increases to $1,500 for a BAC of 120 to 159 mg of alcohol per 100 ml of blood, and $2,000 for a first offender with a BAC of 160 mg or over of alcohol per 100 ml of blood or more.
The mandatory minimum fine for a first offender who refuses to comply with a lawful demand is $2,000. Offenders may also see their vehicle impounded, licence suspended and, in some cases, face the possibility of imprisonment.
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