'Sad day for charter rights': Police take heat for new mandatory breath sample law

A new law that came into effect Tuesday allowingpolicetodemand a breath sample from a drivereven without reasonable suspicion they have been drinkinghas prompted both protest and praise.

The changes will have serious consequences,warns one Winnipeg lawyer, while many took to social media to decry the change as unconstitutional.

Police and anti-drunk driving advocates, however, saythe new legislation is important.

The Winnipeg Police Service posted a Twitter message Monday afternoon about the new law, which came into effect on Tuesday.

"Research suggests that up to 50 per centof drivers with a blood alcohol concentration above the legal limit are not detected at roadside check stops," the WPS said in a media release.

"Mandatory alcohol screening will assist in deterring individuals impaired by alcohol from driving, as well as better detect those who do."

Winnipeg criminal defence lawyer SaulSimmondssays he thinks the new legislation is invasiveand infringeson citizens' rightsby allowing police to essentially go on "fishing expeditions."

"And if a person doesn't give a sample that the officer decides is sufficient, they can be charged with the Criminal Code offence of refusing a roadside screening device," he said.

"That has all the consequences of a criminal case."

Individuals also won't have access to counsel at these roadside tests, even though failing one could result in losing their licence or otherconsequences, he added.

"If you don't have a right to counsel, how do you decide as an individual whether you should be answering questions or not?"

He said he expectsbacklog within the courts to get worse as people challenge the legislation on constitutional grounds.

Change will save lives:MADD

Not everyone is opposed, however.

TrevorEnswith Mothers Against Drunk Driving (MADD) says the organizationbelieves the legislation will save lives.

"Perception is what it is that police, at any chance, can give [impaired drivers] a screening is something that will deter them," he said.

"Getting caught is something that will deter people," from driving drunk, Ens said.

In 2017, according to MADD, there were 24 deathsand 756 injuries due to impaired driving in Manitoba.

Mixed reactions

The Winnipeg police Twitter posting received immediate reaction, with the majoritydeclaring it unconstitutional and "a sad day for charter rights."

The Canadian Charter of Rights and Freedoms states that"everyone has the right to be secure against unreasonable search or seizure."

"Rights are rights. We should all be concerned when they're eroded (or just snatched, as in this case)," wrote Twitter user @wpgchrishin response to the police service's tweet.

Others blasted it as a lunge toward a police stateand expressed concern that it could leadto racial profiling. Some worriedabout it being the beginning of a slippery slope leading to police being able to enter homes without reason or warrant.

The mandatory testing is a part of Bill C-46, which was passed by the federal government earlier this year. It allows officers to order the breath sample if a driver has been pulled over for a lawful reason, be it a check stop ora traffic infraction.

Under the old law, officers required reasonable grounds to suspect a driver was impaired before demanding a breathalyzer test.

The Winnipeg police tweet had more than 140 replies and more than 240 retweetsas of Tuesday afternoon.

People CBC News spoke with Tuesday afternoon had mixed thoughts on the law.

Grace Adegunju said she was worried it may create issues of racial profiling.

"They shouldn't be able to pull over anyone without justification. And I think that that should be a normal rule," she said.

But Pratipal Singh said he supported it, because many accidents are caused by drug and alcohol impairment.

"It's not just about us driving our cars," he said. "It's our safety."