‘This is crossing the line!’ OPP will be taking breath sampl

[Thomas]

‘This is crossing the line!’ OPP will be taking breath samples at traffic stops in the GTA and some Canadians think it violates their rights

In a release Wednesday, the OPP says the move comes as impaired driving collisions and charges are up nearly 30 per cent compared to the previous five-year average.

In the GTA, drunk driving collisions mark the highest increases among the OPP’s regions and this trend is expected to continue into the spring, according to the release.

“The Mandatory Alcohol Screening (MAS) is used and recognized throughout the world with proven results, especially among police services that have been using this effective tool for many years,” police said.

As a result, the police force is reminding motorists to be prepared to give a breath sample during a traffic stop.

Drivers are required to follow the demand, even if there’s no reason to assume a person drank alcohol, under Canada’s Mandatory Alcohol Screening (MAS) law.

In the event that a driver refuses to comply, they could be charged for failure or refusal to comply under the Criminal Code.

In response to the news, some Canadians believe it is not right to provide a breath sample without probable cause.

“This is crossing the line!!!” one X user said.

“Something tells me that this will be challenged. What next, mandatory rectum check just in case drugs might be hidden? Rummage through your car without suspicion or a search warrant?” another user said.

“Without even a lick of evidence or suspicion? What a joke,” another comment read.

“They still need probable cause,” another user commented.

Meanwhile, others approve of the move.

“Good! People might stop #DrunkDriving with more aggressive enforcement,” one user said.

“If you never drink and drive, you don’t have to be concerned,” another user said.

https://nowtoronto.com/news/this-is-cro ... ir-rights/

[Thomas]

OPP's mandatory alcohol screening during traffic stops 'not acceptable': CCLA

A spike in impaired driving-related collisions has caused Ontario’s provincial police to begin enforcing mandatory alcohol screening (MAS) at all traffic stops in the Greater Toronto Area -- a move one civil rights group says is ‘not acceptable.’

Speaking with CP24 on Thursday, Shakir Rahim, director of the Criminal Justice program at the Canadian Civil Liberties Association (CCLA), said that as the new measures do not require officers to have reason to request a breathalyzer test, they are unjustifiable.

“This is an unjustified power to interlude into someone’s life without any suspicion [that] they have done something wrong,” he said. “That’s not acceptable.”

A spike in impaired driving-related collisions has caused Ontario’s provincial police to begin enforcing mandatory alcohol screening (MAS) at all traffic stops in the Greater Toronto Area -- a move one civil rights group says is ‘not acceptable.’

Speaking with CP24 on Thursday, Shakir Rahim, director of the Criminal Justice program at the Canadian Civil Liberties Association (CCLA), said that as the new measures do not require officers to have reason to request a breathalyzer test, they are unjustifiable.

“This is an unjustified power to interlude into someone’s life without any suspicion [that] they have done something wrong,” he said. “That’s not acceptable.”

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Announced on Wednesday, the OPP said the implementation of MAS follows a nearly 30 per cent increase in impaired-related driving collisions in the last year, compared to the previous five-year average, with the GTA being the highest-ranked jurisdiction for these kinds of offences.

“We’ve seen impaired drivers, with you know, not a lot of breath smells and out in the wind, in the weather, it’s hard to determine,” OPP Highway Safety Division Sgt. Kerry Schmidt said in an interview with CP24. “And now this takes away any bias, any situations, we’re just going to be testing everybody.”

Schmidt said that if drivers refuse to provide a breath sample, they will be criminally charged.

“If you don’t provide a breath sample, that’s a bad situation as well. You will be charged criminally with refusing, and that is a criminal charge, like failing [a breathalyzer is a criminal charge].”

Prior to these measures, officers only requested alcohol testing when they had reason to suspect a driver was under the influence. While Schmidt said that these provisions that are already in place will not change, people getting stopped for other reasons will have to undergo a breathalyzer test.

“Maybe that’s the reason we’ve wanted to get this education awareness out, people are confused,” he said. “They get stopped for having a cellphone, stopped for speeding, and now they’re asked to provide a breath sample.”

While the measure is sparking some backlash, criminal defence lawyer Lydia Riva says MAS has been part of the law since five years ago so police are legally allowed to do it.

“This has been the law since 2018, since then, police have been able to do roadside breath demand without reasonable suspicion of drunk driving, if the officer has in their possession an approved screening device and they’ve stopped the person for a lawful purpose,” Riva said to CP24.

A news release by the OPP said that MAS are used and recognized throughout the world and have proven results.

https://toronto.ctvnews.ca/opp-s-mandat ... -1.6871598

[Thomas]

‘There is no bias in this,’ Ontario Provincial Police defend rollout of mandatory alcohol screening

The Ontario Provincial Police (OPP) Highway Safety Division is cracking down on impaired drivers, but some people believe it violates their rights.

On Thursday, the OPP posted on X warning drivers that Mandatory Alcohol Screen (MAS) tests will now be conducted by OPP officers during every routine traffic stop. .

Mandatory Alcohol Screening (MAS) tests will now be conducted by OPP – Highway Safety Division officers during every routine traffic stop.

If you drink, don't drive.
If you drive, don't drink.^ks pic.twitter.com/oXaySljVPF

— OPP Highway Safety Division (@OPP_HSD) May 2, 2024

According to the force, impaired driving collisions and charges are up this year by nearly 30 per cent, compared to the previous five-year average.

The Brandon Gonez Show contacted OPP Sergeant Kerry Schmidt and he further explained why MAS tests will be beneficial.

“Mandatory alcohol screening came into law back in 2018. And this is one more tool that officers can use here in the highway safety division right now to assist in keeping our roads safe.”

He also said the OPP hope people will realize what their responsibility is and to make better decisions when getting behind a wheel, especially after consuming alcohol.

“We know this is absolutely preventable and drivers need to understand their responsibility when it comes to having that privilege of having the ability to drive on our highways,” he added.

Schmidt said there were 11,000 impaired driving charges last year, marking an over 50 per cent increase in crashes in the GTA than the previous five-year average.He also said with this new mandate it gives the opportunity for officers to investigate routine traffic stops by making sure drivers are sober.

In addition, he said if drivers refuse to comply there are consequences.

“It is a criminal offence. It is a criminal authorization that legislation is given officers and if drivers choose not to provide a sample after they’ve been given that demand, they could be charged with refusal, which comes with a criminal record, an automatic 90-day licence suspension and a seven-day vehicle impound,” he said.

People online have shared their concerns and some people believe it violates their human rights.

“The ever increasing infringement on our rights. Inch by inch,” one X user said.

“Nonesense. This will lead to unnecessary harassment. Are cops so incompetent they need to assume every driver might be drunk?” another user said.

Furthermore, Schmidt said the OPP is conducting this operation on everyone and it’s not targeting any specific driver, group or community.

“There is no bias in this. Everyone is being tested. And it’s rolling out here in the highway division, which is in the GTA, where we’ve seen the highest numbers and that is something that we want drivers to remember their responsibility to drive safely responsibly. If you drink, don’t drive and if you drive, don’t drink.”

https://brandongonezshow.com/episode/th ... screening/