As I reported previously, MADD Canada appears to support the idea of random breath testing for drivers by police officers. Random in Canada means stopping drivers and demanding a breath sample without any reasonable and probable grounds that a driver may be impaired or consumed alcohol above the legal limit.
I’ve already pointed out the slippery slope we are on if the Criminal Code is changed to allow Canadian Police officers to randomly test drivers without having reasonable grounds to do so in this post, Are Random Breath Tests Coming?
Today, I came across an article in The Toronto Sun which again reports on the opinion of a MADD Canada representative, this time MADD CEO Andrew Murie:
“Murie sites countries that have RBT — Australia, France, Germany, New Zealand and Ireland are some — pointing out they have seen less and less carnage on their roadways.”
~ Source
Andrew Murie’s comparison to other countries is a logical fallacy. Just because other countries have legislation that provides for certain regulations does mean the process is right. We could compare ourselves to lots of countries that have laws and regulations that purport to “protect” people or the common good. That doesn’t mean that the comparison is correct or that we should follow suit.
As well, is the comparison a valid one in the first place? Let’s take a look at Ireland – one of the countries Andrew Murie brings up.
In Ireland, they do have what they call “random breath testing.” It should also be pointed out that Ireland does not recognize the right of a person accused of their version of impaired or “drink driving” to immediately and without delay, obtain legal council. You can read more about that here.
In Canada, we do recognize the right of an accused to legal council without delay. Because Ireland does not recognize that right, should we also remove that right? See what can happen when we make glib comparisons?
But let’s look even further at what Ireland calls “Random Testing.” It’s not exactly the situation where a police officer can just randomly pull people over and demand a sample of breath to be blown into a breathalizer. Instead, these “random” tests can only be done at checkpoints that are set up and approved beforehand by an Inspector of the Irish Police force (the national police force in Ireland is called “The Garda“).
According to the Government of Ireland website:
“The power can however only be exercised at checkpoints which have been authorised by a Garda Inspector. These checkpoints are specifically designed for the purpose of mandatory alcohol testing. The authorisation must be given by the Inspector in writing and allows Gardai to set up a checkpoint in a public place (or another place).”
As well, the law in Ireland prohibits the Police from simply pulling over drivers and demanding breath samples:
“Can a Garda stop me randomly while in traffic and breathalyse me?
No. The Road Traffic Act 2006 does not give the Gardai the power to pull cars over while in traffic and breathalyse the driver randomly. It only gives the Gardai the power to conduct checkpoints for the purpose of random breath testing. If however, the Garda has formed the opinion that you have committed any road traffic offence, or that you have been involved in a road traffic accident, or is of the opinion that you have consumed alcohol then they can stop you in traffic and breathalyse you under the powers given by the Road Traffic Act 2002.”
Further, there are restrictions on these checkpoints as well, although they can be set up on any public road.
As pointed out above, the checkpoint must be approved by a Garda Inspector beforehand, and this must be in writing. As well, “So, basically they can conduct checkpoints on main roads, outside pubs or night clubs or anywhere else they feel will reduce the number of drink drivers on the road. The Gardai are however obliged to exercise these powers in a proportional manner.” (Emphasis mine).
So, be careful when you hear or read comparisons to other countries. Do you want to live in a country that denies the right to legal council when you are accused of committing a criminal act? Ireland does that when it comes to “drink driving.” And take note that their “random breath testing” is fairly close to what we already have in Canada – regular spotchecks where the Police stop vehicles, smell your breath, and if they can prove reasonable grounds, demand a sample of your breath.
Again, I’m all for reducing the number of impaired drivers on our roads, but I’m not in favour of heading down slippery slopes where rights are infringed upon all in the name of “public safety” especially where the consequences of a criminal record are concerned.
