Mr. Speaker, to follow up on the question answered by my colleague, I would just point out that Bill C-46, proposed subsection 320.27(2), requires that a police officer, if in possession of an approved screening device, “in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law,” may make a demand for a test. The stop itself must be lawful.
I offer that suggestion to my friend. The stop is required to be lawful. If the stop was otherwise rendered unlawful—for example, the reason for the stop was something inappropriate, such as discrimination on the basis of race or ethnicity—the stop would be rendered unlawful and the test and its results would be inadmissible under the Constitution.
I would ask the member if she would find that provision, which is new, to be reasonable reassurance of the concerns that have been expressed.