The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights.
Fri Nov 30, 2012 10:31 pm
I was speaking to an officer from the Peterborough OPP one day last summer. This officer told me that he NEVER LIES, however what that officer doesn't know is that I am aware of a time when he pulled over my father-in-law John. John had throat cancer some years earlier and now has a little trouble saying some words and because of radiation treatment he has more saliva in his mouth than usual. John pulled out of his driveway directly into this officer's ride check as he was heading to my house to feed my dog while I was away. He asked John if he had anything to drink, John said no and the officer told him he could smell alcohol on his breath and made John do a breathalyzer test. John blew a zero because John did not have anything to drink. Strange how the officer could smell alcohol on John's breath.
I imagine what the TRUTH was in this incident is that he heard and saw the results of John's cancer and cancer treatment and automatically thought John was drinking and then LIED and said he could smell alcohol.
When an officer smells alcohol on a persons breath it gives that officer grounds to make a road side breath test and the officer can now detain that person.
That detention is Charter acceptable when on the road or highway because the person is doing a government controlled licensed activity.
When the officer is LYING about the smell of alcohol on a persons breath and makes a roadside breath demand, that officer is now violating the persons Charter Rights and ARBITRARILY DETAINING that person.
John's section 9 Charter Rights were violated if he LIED about the smell of alcohol and made John go to his cruiser to do a breath test, so not only is he likely a Liar he also has no respect for peoples Charter Rights just like Most of the Peterborough OPP officers that he works with.
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