Justice committee  We definitely think that if the provision were restricted to fixed checkpoints and there were procedures in place that ensured randomization so that, for instance, either everybody is stopped, or, if there's a capacity issue, every fifth or sixth driver is stopped, that would significantly curtail the problem of discretion and profiling.

Justice committee  I still think there would be charter issues. It would still be assessed through a section 1 analysis. I think the argument defending it might be a little bit stronger because the discretionary component is so curtailed.

Justice committee  Just to clarify one final point, I think the concern that there might be incentives to stop additional people is a secondary concern. The primary concern is that people from certain communities are already being stopped at a higher rate. What we are doing is increasing the invasiveness of the search.

Justice committee  We don't have an organizational position on whether a constitutional reference would be appropriate in this instance. I think letting the courts decide, in the sense of implementing the legislation and seeing after-the-fact challenges arise, is obviously problematic, because we think these provisions will sweep up a number of innocent individuals.

Justice committee  I would first like to emphasize that I agree; I don't think the question of whether or not mandatory alcohol screening or random breath testing is effective settles the question. I mean, it's our opinion that this would ultimately go to a section 1 analysis once the inevitable charter challenge arises if this provision is enforced, and what we know of the effectiveness will go to that inquiry.

Justice committee  Thank you very much for the opportunity to appear before you today. I'm Rob De Luca. I am a lawyer and a program director with the Canadian Civil Liberties Association. I would like to begin by emphasizing that we support the goal of this bill. The government clearly has a strong role to play in combatting the persistent social problem of impaired driving.

Justice committee  Thank you.