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Public Safety committee  Very briefly, on the admissibility of statutorily compelled statements—it's on page 30 in my brief—the basic legal reality is this: in some cases you are compelled to provide information to the police. In Ontario, under the Highway Traffic Act, if you're in an accident, you must

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  Our position is to scrap it holus-bolus—

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  —but I've included some suggestions for amendments that might alleviate our great concerns to some minor degree.

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  —and had a drink after. Or people who had no alcohol in their system, or some alcohol in their system but not close to the legal limit, who had a drink after, and then were unable to comply with the exceptions, including hiring a toxicologist to read back their readings. So it no

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  The police do have the power to pull over individuals and check for licence, registration, and sobriety, but the breath test isn't random in that case because there has to be reasonable suspicion, which is another problem with this bill. Some of the reasonable suspicions and pres

September 29th, 2016Committee meeting

Michael Spratt

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  The increased burden on the courts largely comes from legislation from a previous government that was read down quite significantly in some court cases. Sometimes legislation to eliminate burdens on the courts can result not only in unfairness but in increased burdens on the cou

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  That's a consequence of the inevitable and likely successful constitutional challenge. It's also a consequence of many of the other provisions, including the evidentiary shortcuts, the watering down of requirements such “as soon as practicable”, the officer having a reasonable be

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  I think there would be a way to do that through specific amendments that may contemplate it. The problem is, as you've put it, you consume a bunch of alcohol and you get in a car, you're still absorbing that alcohol. When you get pulled over, you've yet to absorb enough to put yo

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  I'll just add very briefly that the true randomness that you're suggesting would do little to accomplish one of the goals that underpins this random testing; that is, the effective detection of drivers who might be over the limit, and yet, nonetheless, not display any signs. A ne

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  Yes, the evidence definitely supports that contention. When individuals are engaging in a crime, they're not necessarily thinking of the mandatory minimum sentence or the likely consequences, and that might be even more so in the context of impaired driving. It's not the punish

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  Deterrents, rehabilitation, specific and general deterrents.

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  I would disagree with your starting premise that this bill would assist in making impaired driving and impaired driving-related deaths, which are so tragic, avoidable. I think the weight of the evidence, arguments at the Supreme Court in the case of Nur, which I'm sure you're wel

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  Yes, if I can briefly explain. Recommendation 4 of my written brief—and I think it may be one of the parts I lifted from the Canadian Civil Liberties Association, which it echoes—suggests the sort of compromise of which you speak, that if these random breath samples are deployed

September 29th, 2016Committee meeting

Michael Spratt

Public Safety committee  —when the evidence is quite to the contrary.

September 29th, 2016Committee meeting

Michael Spratt