If you look at the section 9 jurisprudence, it's the arbitrariness, which is defined by randomness, that is actually the nature of the charter violation. Tied to that, we know from all the case law coming back earlier, on the section 1 analysis, that randomly stopping motorists for a friendly chat is fine, but if you're going to put a breathalyzer in their face or at least a roadside screening device, you have to meet some minimum constitutional standard, because it is a seizure. So removing that next hurdle would likely be the next battlefield for the section 1 analysis.
On February 25th, 2009. See this statement in context.