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

I do think Canadians should be concerned because of this exact issue...There are a number of people who are more vulnerable, whether they have illnesses or injuries that prevent them from being available to comply with the demand.Jennifer Teryn, Lawyer "A B.C. nurse whose face is partially paralyzed says her driver's licence was suspended and her car impounded … Continue reading B.C. nurse’s driver’s licence suspended after she couldn’t do breathalyzer test due to facial paralysis (CBC News)

I’m confident we will get the IRP revoked as soon as possible and Norma can move on with her life. That woman has been through too much and she deserves justice.Jennifer Teryn, Lawyer "A Victoria cancer survivor who lost her driver’s licence and had her car impounded after she was unable to provide a proper … Continue reading Driver who lost licence for lack of breath sample will get a new hearing (Times Colonist)

I would say that it is absolutely not a myth, it is something that happened in this case.Jennifer Teryn, Lawyer "What some people, including the folks at Justice Canada, say can’t occur actually did happen to Lee Anne Lowrie. She was visiting her sister in Maple Ridge, B.C., this past April. They were having drinks … Continue reading LILLEY: A real case of drunk backyarding (Toronto Sun)

They used the mandatory screening demand inappropriately. They were wrong to do it, but they believed they were lawfully entitled to do it.Jennifer Teryn, Lawyer "Fortunately, Lowrie video-recorded her interaction with the officers, said Teryn. In a report to the Office of the Superintendent of Motor Vehicles, a police officer alleged that Lowrie was slurring … Continue reading Nanaimo woman wins legal fight over drinking and driving (Times Colonist)

If someone's unable to provide a sample upon demand, it's my position that the police should have to get engaged in some minor investigation to find out for themselves whether there's a legitimate reason for that or not.Jennifer Teryn, Lawyer "Jimmy Forster, 63, suffers from severe asthma and chronic obstructive pulmonary disease and takes daily … Continue reading Man with severe asthma says new police powers unfair for people unable to do breath test (CBC News)

Canadian courts have consistently recognized that, with respect to (roadside breath) demands, a driver’s Charter-protected rights are suspended at roadside...The question has always been whether, based on the state of the law, the suspension of rights represents a reasonable limit in a free and democratic society.Jennifer Teryn, Lawyer "McLeod’s case will be yet another test … Continue reading Charter challenge to mandatory alcohol screening puts random stops, provincial penalties under spotlight (National Post)

(Mandatory screening) is not minimally impairing…these stops and these mandatory alcohol screening demands are not rationally connected with the objective of stopping impaired driversJennifer Teryn, Lawyer "A 76-year-old woman in B.C. has launched a Charter challenge against a new law that allows Canadian police to demand a roadside breath test without needing any suspicion the … Continue reading B.C. woman, 76, launches Charter challenge of mandatory alcohol screening after police stake out liquor store (National Post)

Police officers should exercise common sense when dealing with an elderly person with breathing difficulties...But the reality is police are empowered to use this new federal law to issue IRPs to drivers, who, in many cases, have not done anything wrong.Jennifer Teryn, Lawyer "Teryn, who practises criminal, administrative and constitutional law and has conducted more … Continue reading Don’t breathe easy if you’re sober — you still have to blow (Times Colonist)