[MarchHare]

Unconstitutional

In a lengthy decision released Wednesday, the veteran jurist said the Liberal Government had gone too far with part of its year-old, anti-drunk-driving program and trampled individual rights.

“The ARP legislation infringes section 8 of the Charter insofar as it concerns the prohibition, penalty and costs arising from the screening device registering a “fail” reading over 0.08,” he said. “This infringement is not a reasonable limit which is demonstrably justified in a free and democratic society.”

[...]

“In my view, because of the significant prohibition, penalty and cost implications of a ‘fail’ reading, the province could easily have provided in the legislation a reasonable and meaningful review process where a driver subject to a lengthy automatic roadside prohibition could challenge the results of the screening device,” he said. “This is particularly so considering the province has legislated to base the consequences of a ‘fail’ reading entirely on the results of the screening device.”