Australian ad for RBT
On April 30, CCLA delivered its submissions on the Department of Justice’s Discussion Paper, “Modernizing the Transportation Provisions of the Criminal Code.” While CCLA expressed concerns about various aspects of the consultation document, the predominant issue addressed in our submissions is the proposed introduction of Random Breath Testing (RBT).
While police are presently required to form a reasonable suspicion of insobriety before requesting a roadside breath test, RBT would give officers the power to pull over any vehicle at any time in any place and demand that the driver submit to a breath test without any indication that the individual in question had violated any law. CCLA pointed out that such a power displaces the presumption of innocence that is central to free and democratic societies, and strikes at the core of the Charter protection against arbitrary detention.
CCLA also demonstrated that the reported effectiveness of RBT is other countries such as Australia is far from certain, and would not justify the introduction of such an intrusive power. Finally, our submissions draw attention to the potential under RBT for profiling and abuse, which the Discussion Paper fails to acknowledge, and the need for the prior implementation of a better accountability regime for the RCMP.
Click here to read CCLA’s submissions on the Discussion Paper
