Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 8 11 I mpaired driving is a particularly bad problem in Western Canada. The most recent available Statis- tics Canada figures show Saskatch- ewan is the province with the highest impaired driving rate in the country followed by Alberta. With new legislation legalizing the rec- reational use of marijuana, the federal gov- ernment has also taken the opportunity to make some fundamental changes to Can- ada's impaired driving laws. The tighter laws are scheduled to go into effect across the country near the end of the year. One of the chief changes means that under the Criminal Code it will no longer be necessary for police to "reasonably sus- pect" a driver is impaired before demand- ing a breath or saliva sample. Essentially, law enforcement will be able to stop and test anyone for both alcohol and drugs any time, anywhere. In October of last year, during debate over the new legislation, federal Justice Minster Jody Wilson- Raybould told the Commons the changes will "ensure we have the toughest impaired rules [in] the world." That pledge is applauded by many groups, among the most vocal of which is Mothers Against Drunk Driving. Calgary's Wayne Kauffeldt, a regional director on the national board of MADD, welcomes the federal government's get-tough stance. "It echoes our . . . view that improved screen- ing will reduce impaired driving." But a lot of criminal lawyers, not to mention the Canadian Bar Association, see trouble ahead with the new laws. The CBA, in a submission to the federal gov- ernment last year, foresaw the introduction of "uncertainty into the law [that will] result in significantly increased litigation and delays." A good part of that "increased litiga- tion" will likely come in direct courtroom challenges to the legislations, some of which will almost certainly get to the Supreme Court. "It's opened the door to a decade of litigation," says Scott Newman, a Winnipeg criminal lawyer and spokes- man for the Criminal Defence Lawyers Association of Manitoba. "We've all got constitutional rights under the Charter. We could just as surely allow the police to search everyone's house to make sure they don't have drugs." The Criminal Code changes permitting law enforcement to stop vehicles arbitrarily also raises some difficult ancillary ques- tions, especially in Manitoba, Saskatch- ewan and Alberta. The Prairie provinces have among the highest populations of \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP TOUGH NEW IMPAIRED LAWS RAISE CONCERNS IN THE WEST Continued on page 12 W E S T Lexis Practice Advisor ® Canada has the power to enhance the way you practice. Providing practical guidance, including access to a broad range of legal expertise and professionally curated precedents, drafting notes, tools and other online materials. Book a free demo today. Visit lexisnexis.ca/lpa-cl Lexis Practice Advisor ® Canada advancing what's possible M O R E C O N T E N T B E T T E R VA L U E P O W E R F U L TO O L S W R I T T E N B Y E X P E RT S Content you can rely on. Guidance you can trust. ntitled-4 1 2018-07-18 11:58 AM

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