OTTAWA – The Harper government appears ready to move ahead on imposing random roadside breath testing, which a new federal discussion paper says has produced "remarkable results" in catching more drunk drivers in other countries.
The Justice Department is inviting public input on the idea of random sobriety tests and federal officials plan to meet this month and next with provincial ministers and other experts to measure support.
In a rare move, the federal government has posted on its website a discussion paper, weighing the benefits of random testing, seeking feedback by the end of April.
Empowering police to conduct random breath tests would replace Canada’s 40-year-old legislation on impaired driving, which dictates that breathalyzer tests can only be administered when there is reasonable suspicion of drunk driving.
Justice Minister Rob Nicholson has already said he likes the idea, and MADD executive director Andrew Murie said the coming talks with interest groups and provincial governments are a sign the government could take action.
"I think the tone is that this is something they should do and the discussion paper reflects that," said Murie, stressing that he has no inside information on when, or even if, a proposed new law would be introduced in Parliament.
The Justice Department paper states that the government is eyeing "a comprehensive set of reforms" to combat impaired driving.
Murie described random breath tests as "No. 1, far and away" among about eight recommendations last year by the House of Commons justice committee that would reduce the number of deaths caused by drunk drivers.
The discussion paper, which says the government accepts the committee recommendations in principle, notes that Canada would be following Australia, New Zealand and 22 European countries that have imposed random testing.
The Justice Department reports that such testing has reduced fatal crashes by as much as 35 per cent in some jurisdictions and, in New Zealand, saved society more than $1 billion in 1997 alone.
The committee, in its report, concluded the "current methods of enforcing the law lead police officers to apprehend only a small percentage of impaired drivers, even at roadside traffic stops."
Research shows even when impaired drivers are stopped at sobriety checkpoints, most go undetected so they are never tested, MADD says. Police are even more likely to miss experienced drinkers, because they exhibit fewer signs of intoxication.
The prospect of being randomly stopped has proven to be a significant deterrent in curbing impaired driving, said Murie.
The Justice Department does not ask stakeholders whether they think random testing would run afoul of the Charter of Rights and Freedoms guarantee against unreasonable search and seizure.
Murie speculated that the courts, in the post 9/11 era when Canadians are used to increased security, would find that the goal of curbing drunk driving would trump any rights invasion.
The former Liberal government used to routinely invite public submissions on proposed laws, but the Conservative government has seldom released discussion papers.
Meetings are planned next week between Justice Department officials and civil liberties groups, MADD, and the Canadian Bar Association, Murie said.
The bar association, representing Canada’s lawyers, is still working on its position.
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