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Toronto-area drivers stopped by OPP will have to give breath sample (www.cbc.ca)

submitted 1 year ago by RandAlThor@lemmy.ca to c/canada@lemmy.ca

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[–] DerisionConsulting@lemmy.ca 13 points 1 year ago* (last edited 1 year ago) (1 children)

If you mention "the constitution" you are probably referring to another country.

In Canada, this would be a charter issue, but it's not a charter issue.

A requirement of driving is having BAC below 0.8.
This is a traffic stop, where the point is to confirm that there are not legal issues with the vehicle or its operation. The search of showing your license is already more of a privacy issue than providing a breath sample.

If you're more curious about it, read section 8 of the charter.

[–] sailingbythelee@lemmy.world -1 points 1 year ago (1 children)

Um, yeah, Canada has a Constitution and the Charter is a part of it:

The Constitution Act, 1982 gave Canada complete independence from Britain. Months of negotiations between the federal and provincial governments were held to determine how to “patriate” the country’s last British-held powers from Britain. The resulting Constitution Act, 1982 made several changes to Canada’s constitutional structure. The most important were the creation of an amending formula (the criteria that would have to be met to make future changes) and the addition of the Canadian Charter of Rights and Freedoms.

https://www.thecanadianencyclopedia.ca/en/article/constitution

So, yeah, I am Canadian and laws in Canada can be unconstitutional. If you are curious about it our constitution, try finding basic information about it before condescending to teach someone else about it.