Mandatory Alcohol Screening: No Suspicion Required
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Police Accountability Files – Episode 22: Mandatory AlcoholScreening: No Suspicion Required
Can policedemand a breath sample from a driver without suspecting that theyhave been drinking? In Canada, the answer is yes—under certainlegal conditions.
In Episode22 of Police Accountability Files, host Special Ed examinesMandatory Alcohol Screening (MAS), the controversiallaw that allows police to demand a preliminary breath sample from adriver during a lawful traffic stop, even when there is no reasonablesuspicion of alcohol consumption.
We explorethe Canadian Charter of Rights and Freedoms, the legal battle oversuspicion-free roadside breath testing, and the Saskatchewan Court ofAppeal’s decision in R. v. Wright. We also explain why theSupreme Court of Canada’s decision to refuse leave to appeal didnot amount to a ruling on the constitutional merits of the case.
Thisepisode examines the difference between a lawful traffic stop and abreath-testing demand, the potential consequences of refusing ademand, Alberta’s impaired-driving penalties, and the questionsmandatory screening raises about privacy, police discretion, andcivil liberties.
Cana law designed to make roads safer justify breath testing withoutindividualized suspicion? And what safeguards are needed toensure police powers are exercised fairly?
JoinSpecial Ed for a critical look at the balance between public safetyand individual rights in Canada.
PoliceAccountability Files — Real Cases. Public Questions. PoliceAccountability.
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