Mr. Chairman, I can understand our desire to purge the streets of drug- and alcohol-impaired drivers, but it's not clear to me why, on a public policy basis, we would implicate a citizen in a Criminal Code testing procedure when he or she, in my fact scenario, hasn't done anything wrong in relation to drinking or driving. He or she may not have even seen a motor vehicle in the previous two and a half hours. Yet a policeman might wish to do the testing, believing that the person had driven to the bar.... The person had driven to the bar, left the bar, taken a taxi home, and not broken any laws, but because the person was drunk as a skunk and the policeman knew that he or she had driven to the bar, the policeman could still subject the citizen to the test. And add in some drugs and you have yourself an issue.
I don't know what kind of charge the policeman would lay, because in my fact scenario there is no evidence of driving impaired by a drug or alcohol. The citizen would still be subjected to a test--and rigorous testing, two-stage testing, I think.