There's no question that random testing, whether in a sobriety checkpoint or by officers during routine patrol, would violate paragraph 253(a). It's an unreasonable search and seizure, because there are no individualized grounds for suspicion. The question is whether it can be justified under section 1 of the charter. Our courts have already upheld random screening in lots of other circumstances where the state interest is much lower.
The other thing I think we have to understand is that we're not doing well on impaired driving. We haven't been doing well for quite some time. We've tried this and that and the other thing, and it's not working: impaired driving deaths are going up in our country. Other countries around the world that are developed democracies have introduced random breath testing, and it works.