Certainly, I would be very interested in any study, because let's not underestimate the fact that this is a significant infringement on individual liberty when we're talking about taking a bodily sample with even the slightest hint of suspicion that someone is breaking the law.
I think Mr. Yost brought up the point about the success that Ireland has had. The system in Ireland differs from what is proposed in Bill C-46 in the sense that the mandatory breath testing can only take place at regulated check stops. I would be curious as to why that was not considered. It would seem to me that a lot of people would be a little more comfortable with that than a mandatory roadside testing system whereby a police officer can stop any vehicle, anywhere, under any circumstances, albeit a lawful stop to check registration, insurance, etc.
Before you comment on that, I would just note, Madam Minister, because you had mentioned and the point had been raised by others, that right now police can stop a vehicle to check insurance, registration, or sobriety by engaging in a conversation with an individual, and if they have a reasonable suspicion, they can take further steps. I would note that when we're talking about taking a breath sample, a bodily sample from an individual, we're talking about something that's much more significant. To that point, I would draw your attention to the Goodwin decision from the Supreme Court wherein Madam Justice Karakatsanis stated that taking breath samples remained “more intrusive than a demand for documents” and clearly amounts to what Justice La Forest said, “The use of a person's body without his consent to obtain information about him invades an area of privacy essential to the maintenance of his human dignity.” That is a fairly significant statement for the Supreme Court.