Sarnia case could challenge new ‘random’ drunk-driving tests

Is Canada’s newly revamped impaired-driving law “unconstitutional?” One local lawyer believes so, and he’s set to challenge it in court.

Earlier this year a Sarnia man was charged by Lambton OPP for driving under the influence at a roadside stop. A year ago the same man likely would have not been charged — because without reasonable suspicion, officers could not test drivers for drinking and driving.

That changed Dec. 18. Police across Canada can now randomly screen drivers for drinking and driving — a law some consider “unconstitutional,” including criminal defense lawyer Nick Cake, a partner at Millars Law near London.

“The threshold was already incredibly low for police,” Cake said. “Now they can demand a roadside sample from anybody . . . without any suspicion that anything criminal is going on. I think it’s unconstitutional because it violates someone’s right to privacy.”