Your comments are very interesting, Mr. Yost. I have extensive experience as a defence lawyer—I practised criminal law—and I have argued a number of impaired driving cases.
One thing bothers me. As I see it, what drivers really fear are random spot checks. These are more costly, because they require the presence of more police officers and so forth.
In Quebec, the number of impaired driving cases has declined dramatically. Contrary to what Mr. Petit was saying, pursuant to the Quebec highway safety code, in the case of youths under 16 years of age, or youths between the ages of 16 and 18 with a learner's permit, the zero tolerance policy applies. If the young driver is caught with even a whiff of alcohol on his breath, he loses his temporary license. Already this is a form of education.
I am concerned about two Supreme Court rulings that I read and that I am now re-reading. In Orbanski and Elias, the Supreme Court held in 2005 that if random breath testing was done...I'll read paragraph 55 to you. The Supreme Court stated the following, and I quote: “There is no question that reducing the carnage caused by impaired driving continues to be a compelling and worthwhile government objective. “ Therefore, this measure could block the application of section 1 of the Charter.
I understood clearly what you were saying. You seem quite torn between lowering the BAC limit from 80 to 50, because of the cost involved and the implications, particularly from a criminal law standpoint. Do you feel that it would be better to have more random breath tests, more roadside spot checks and more preventive measures, so that it would be the provinces' responsibility to decide on a BAC of between 50 and 80 and they would have the discretion to act? Above a BAC limit of 80, then it becomes a Criminal Code offence. Have I understood your position correctly?