Randomized breath testing. So what is being spoken of is roving random breath tests. The police may have at the present time organized check stops, but they can only test when they have suspicion of alcohol in the body and they can use an approved screening device. The idea of these randomized roving breath tests is that they may stop any driver, any time, anywhere. This is a detention. The question is, can it be justified under section 1 of the charter if it is a criminal law investigative tool?
On the other hand, if a province chose to enact provincial legislation, it would be justified not as a criminal law investigative tool but perhaps as a driver licensing and traffic safety tool. So the question might arise, as it does in the issue of lowering the legal limit to 0.05, is this something the federal Criminal Code should do, is it something provincial legislation might do, or is it something for which both should be invoked?