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Experts thought mandatory roadside breath-testing would be unconstitutional, but Canadian judges say otherwise (National Post)

My primary concern about Ms. McLeod’s case is that the court will overemphasize the need to deter impaired driving and underemphasize the individual rights protected by the Charter.

Jennifer Teryn, Lawyer

“Ultimately, the constitutionality of mandatory screening won’t be settled in Canada until the Supreme Court of Canada weighs in. But that is likely many years off, given no cases have yet been ruled on by a provincial appellate court.

However, there is still one type of case the courts haven’t weighed in on: when someone with a medical disability is unable to blow, but is still criminally charged with refusal despite showing zero signs of impairment.

In one well-known case in B.C., 77-year-old Norma McLeod was charged with refusal even though she had a mouth prosthesis and a chronic lung condition, and there was no evidence she had consumed alcohol. Her Charter challenge has been delayed due to the pandemic, but is scheduled to be heard in February.”

Brian Platt, National Post

Full article available on NationalPost.com.

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