Thursday, March 11, 2010

My Response to the Government of Canada's Department of Justice discussion paper on Randomized Police Stops with Breathalizer tests to prevent Drunk Driving

Here you will find the discussion paper (series of webpages) discussing proposed legislation that would allow police to stop drivers when there was no suspicion of a crime being committed. SCARY!!!

Responses to the specific consultation questions posed in this paper, as well as more general comments, are welcome until Friday April 30, 2010. Responses can be submitted via email to ID-consultation-FA@justice.gc.ca , or by mail to: 

Here is what I wrote;


Impaired driving consultation
Criminal Law Policy Section
Department of Justice
East Memorial Building
284 Wellington
Ottawa, ON, Canada
K1A 0H8

Dear Canadian Department of Justice,

I have comments on 2 aspects of this legislation which I ask you to consider.
I would appreciate your acknowledgement of my comments.



Bolus Defence.

I agree with the recommendation that this defence be disallowed, and the assessment that it encourages "guzzling and dashing". (drinking after or arguing that the alcohol was present but not yet absorbed.  The Bolus defence strikes me as insincere, and a loophole to be exploited, rather than honouring the intent of the law.

Random breath testing
Status quo
Reasonable grounds are required for police to perform a search.
I understand that at present the police may pull over a driver who presents evidence of impairment (crossing the center line, weaving in his lane, throwing empty beer cans out the window).  I understand that police can administer a breathalizer test at that point and gather evidence that the driver is impaired.  
I believe this state of affairs should continue.


Proposed legislation
I oppose giving police the right to pull over citizens where there is no suspicion of a crime.
In my opinion this puts Canada on course for a "police state".
I don't see what makes drunk driving so special among criminal activities.  Perhaps the zealous lobbying of MADD has made it a "special crime".
Next it could be.  Let pull over random drivers to search the car for;

  • bodies in the trunk,

  • drugs 

  • bomb making equipment

  • illegal Olympic merchandise

  • DNA samples suggesting incest

  • Illegally downloaded movies

  • evidence of unauthorized religious affiliation?
Today if the Department of Justice decides to draw the line at drunk driving, where will that line be moved in the future? (The eternal threat of elusive boogeyman terrorists is already overdone by our neighbours to the South so I'll leave the rest to your imagination.) 

My understanding is that whether in a car, on a horse, on a bike or walking, all Canadians are guaranteed by the Canadian Charter of Rights to be free from unreasonable search and seizure.  Do not erode our charter rights.  There are other ways to identify and prosecuted drunk drivers.

The discussion paper cited optimistic numbers and mentioned other countries that thought this was a great idea.  I don't care if New Zealand thinks "freedom from unreasonable search" isn't a right worth keeping.  I am Canadian and I value my hard won Canadian rights.  My Grandpa didn't fight at Vimy Ridge just to have his grandson live in a police state.  Canada is on its own course.  As the "hopeful experiment that is going right for a change".  Making Canada the kind of awful place where at any time police can pull you over and harass you has terrifying echos of communist Eastern Europe (and worse).  
I would much rather live in a Canada that is free from government oppression than live in a Canada where nobody died from drunk driving.


And on a lighter note, h
as anybody considered outlawing alcohol?...   No I didn't think so...

I am 
a Citizen of Canada, a registered voter, and a proud father whose children sing "The truth North strong and FREE"
Lets keep it that way please.
Sincerely yours.


So... 
Let me encourage you to speak up if you value your Charter rights.
Canada does not want police wielding power abusively. It might look like this...

RCMP officers Tazer a handcuffed Robert Dziekański.


Sincerely,
Greg.

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