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Old 12-27-2018, 12:51 PM   #140
PepsiFree
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Quote:
Originally Posted by ben voyonsdonc View Post
C-46 gives the police the ability to test anyone regardless of whether they showed signs of impairment or not while driving. That, to me, removes probable cause from the equation.

I was speaking to a police officer and he mentioned that the CPS was discussing testing every single person that they pull over for any reason.
Yes, they can test you for any reason if they pull you over (for alcohol). But outside of checkstops, they still require probable cause to pull you over.

They cannot pull an individual over without probable cause, that hasn't changed.

https://www.justice.gc.ca/eng/cj-jp/...cfa/qa-qr.html

Quote:
What is mandatory alcohol screening?
Mandatory alcohol screening authorizes officers to demand that a driver provide a roadside breath sample on an approved screening device, whether or not they suspect that the driver has recently consumed alcohol. This would be done after the person has been lawfully stopped pursuant to existing authority (common law or provincial highway traffic act).

Last edited by PepsiFree; 12-27-2018 at 12:54 PM.
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