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LEGAL REPORT/INSURANCE LAW refuse to provide a breath sample at all will face an immediate 90-day driving ban and a $500 fine. As well, they will have their vehicle impounded for 30 days. They may also face criminal charges. Drivers caught once in the "warn" range (between 0.05 and 0.08 per cent blood alcohol content) in a five-year period will face an immediate three-day driving ban and a $200 fine; a second time, a seven-day ban and a $300 fine; and a third, a 30-day ban PROFESSIONAL DIRECTORY and a $400 fine. In addition, drivers who blow once in the "fail" range or three times within five years in the "warn" range, will be required to participate in a rehabilitative program. They must also use an ignition interlock device, which tests a driver's breath for alcohol every time they operate their vehicle, for one year. The legislation, said to be the most comprehensive or invasive in the country depending on your point of view, is raising human rights concerns in the legal community. "The effect on civil liber- ties is considerable," says Robert Holmes, a lawyer with Holmes & King in Vancouver. "First," he notes, "the police are being treated as if they are the equivalent of a building inspector or employment standards investigator. That confuses roles and leads to a blurring of the distinction between criminal law and regulatory law. Secondly, giving police the power to suspend at the roadside makes them investigator, prosecutor, judge, jury, and executioner. Third, the limited appeal rights make for an approach to state action against individuals that is contrary to principles that go back to Magna Carta." Ultimately, says Holmes, "it ought to be clear that a liberty interest is involved with driving." Expect more on the subject, he adds. "Decisions in some courts suggesting the contrary will have to be reviewed and set aside once the effects of the state seeking to capitalize fully on the administrative law approach to law enforcement are seen for what they are." dvantageSales_CL_Nov_10.indd 1 Supreme Court of Canada Counsel and Agency Services Henry S. Brown, QC Brian A. Crane, QC Guy Régimbald Martin W. Mason Graham Ragan Matthew Estabrooks Eduard J. Van Bemmel, Law Clerk montréal ottawa toronto hamilton waterloo region 160 Elgin StreetSuite 2600OttawaOntarioK1P 1C3T 613-233-1781 calgary vancouver moscow london Easy to work with. Tough to oppose. ntitled-5 1 12/13/10 3:13:40 PM Gilbertson Davis Emerson llp 20 Queen St., W., Suite 2020 Toronto, Canada M5H 3R3 t 416.979.2020 f 416.979.1285 10/14/10 11:49:43 AM The Insurance Law Firm gilbertsondavis.com 44 FEBRUA R Y 2011 www. CANADIAN Lawyermag.com ntitled-5 1 GilbertsonDavis_CL_Feb_10.indd 1 4/6/09 4:20:13 PM 1/19/10 3:47:21 PM