While not too many people are going to complain about changing the criminal
code to increase penalties for impaired driving, especially when it comes to
repeat offenders, some of the recommendations of a federal discussion paper
could be cause for concern.
Along with increasing penalties to include longer jail sentences and higher
fines, there is a suggestion that police be allowed to randomly request
breath samples from drivers.
The province has already added its support for the stronger penalties saying
it sends the message that impaired driving will not be tolerated. There can
be little doubt that impaired driving remains one of the leading factors in
fatal collisions in Nova Scotia.
In 2009, there were 18 fatalities in the province involving impaired
drivers. It's stats like this that have the province taking additional steps
to show it's serious about getting to those who continue to get behind the
wheel after having a few drinks.
Since 1921, when Parliament made it an offence to operate a motor vehicle
while intoxicated, we have entrusted police with the responsibility to
maintain public safety by arresting and charging drunk drivers. While
impaired driving is no longer socially acceptable, and numbers have been
decreasing nationwide, the fact is it still happens all too often.
It's because of this that police needed more power and the courts more teeth
to keep repeat offenders off the road. Anything that acts as deterrence
against driving drunk is a welcome act, but giving police the power to
randomly request breath samples could infringe on people's rights.
Driving is a privilege, not a right, but protection from improper search and
random stops are rights Canadians hold to closely. The vast majority of
police will only use these provisions if they are reasonably sure someone is
impaired, however, if abused, these provisions could allow police to stop
drivers for any reason and claim it's to ask for a breath sample. That too
is cause for concern.
