Mr. Speaker, I know the member's riding to be one of the most racially diverse ridings in the country, so I know he comes to this with the same concerns I do.
At committee, I asked the famous Prof. Peter Hogg exactly this question. How can this be constitutional? He said he had done a legal opinion and that mandatory breath testing, etc. is fine, but if there were evidence that there had been, in a sense, the use of this in the inappropriate way we are concerned about, namely, racial profiling, that would give him pause.
If the evidence were, in the next three years, that it was indeed being abused in this fashion, then we, in the bill, would have the ability to have it changed. It would have to be a report to that effect in this place, and hopefully, members like the member for Scarborough—Guildwood and I would be the first to blow the whistle on those abuses.
That is why the section has been added. We hope it will be effective. However, we are still concerned that the bill is unconstitutional. I suggest that it be referred in a reference to the Supreme Court of Canada, given all the testimony we heard that it was unconstitutional. The government rejected that proposition.
We will have to see. We do not know what the government will finally do with this bill at this stage, but one hopes that it will take these concerns as seriously as the hon. member and I do.