Mr. Speaker, the member mentioned her concern about police officers pulling people over on a whim, but I just want to bring to her attention the fact that the legislation does deal with this issue.
I would refer my colleague to proposed subsection 320.27(2) concerning mandatory alcohol screening. Within the legislation there is the requirement that a police officer must be “in the course of a lawful exercise of powers under an Act of Parliament or Act of a provincial legislature or arising at common law”. The police must be in the exercise of a lawful authority to pull someone over. If a police officer were to pull someone over while not acting in the exercise of a lawful authority but based on bias or, in particular, the insidious practice of racial profiling, the stop would be rendered unlawful. It is unlawful under the provincial Police Services Act, it is unlawful under provincial human rights legislation, it is unlawful under Canadian human rights legislation, and therefore such a stop would be unlawful and any test administered during it would be rendered inadmissible.
The legislation very clearly requires that a police officer be acting in the lawful performance of a duty as prescribed in law before being able to demand a mandatory alcohol screening test. I would submit to the member that this protection exists and would like her comment on it. Would that be sufficient to address her concerns?