Canada's New Impaired Driving Laws Are Unconstitutional

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With the recent passing and implementation of Bill C-46 the police in Canada are no longer required to have any reasonable or probable grounds before stopping you and demanding that you provide a breath, saliva or blood sample. Simply put, we Canadians no longer have the right to freely travel and go about our business without fear of being stopped by police, even if we are doing NOTHING illegal or even suspiciously outside of the law.  Returning empties to the beer store? you can be stopped and questioned.  Driving out of a plaza that has a licensed establishment?  You can be stopped and questioned even though you were at the coffee shop.  Driving your children home from school? You can now be stopped, questioned and ordered to provide a sample.

Without the requirement of reasonable or probable ground, Canadian police services may now stop you at anytime, detain you and demand that you provide a breath, blood  or saliva sample.  This is not limited to when you are operating your motor vehicle. They can arrive at your home even hours after you've been out and demand a sample.  If you happen to have had a drink or smoked some cannabis since your arrival home you can still be charged with impaired use of a motor vehicle.  The burden of proof is no longer on the police to prove that you were impaired while operating a motor vehicle but rather on you to prove that you were not.  This should terrify you. This is completely in opposition to the rights guaranteed to us under the Canadian Charter of Rights and Freedoms. 

Canadians have the undeniable right to move freely within our country without fear of harassment from law enforcement unless we are committing an offense.  We believe in tough impaired driving laws and the enforcement of such laws. This must be done without infringing on citizens' rights.  Reasonable and probable grounds is the most basic of checks that police must make before engaging with citizens who are only going about their peaceful, daily business.

The passing of Bill C-46 is a step backwards in guaranteeing Canadians the rights and freedoms that we have fought so hard for and pride ourselves about on the world stage, as an good example of liberty and democracy. Canada is not a police state but this new law is a first major step in becoming one. We Canadians oppose this law on constitutional and moral grounds and demand that the Government of Canada reverse It's decision.