Law Canadian police can now give you a breathalyzer test at home or in a bar or anywhere without reason.

Discussion in 'The War Room' started by Wet Blanket, Jan 10, 2019 at 9:32 AM.

  1. Wet Blanket

    Wet Blanket Totally Radical Left Wing Vegan Misanthrope

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    So as of Jan 1st 2019 police in Canada can now demand a breath test without needing a cause (bad driving, slurred speech, smell of alcohol, etc) and they can do it at you home or anywhere they like for up to 2 hours AFTER you were 'spotted' driving a vehicle.

    Furthermore, you are susceptible to charges , fines, and suspension if you do not comply.

    So if you drive home sober (or under limit) and have a few drinks whike watching tv you could blow over the limit and be charged. One man was recently pulled over after a police officer saw him returning "a lot" of empties to the beer store.

    Its quite an authoritarian law IMO and I got to see it challenged. It's pointed out that it would be easy to abuse the law to harass ex's during divorce etc.

    https://www.blogto.com/city/2019/01/police-can-now-breathalyze-canadians-home-and-bars/

    https://nationalpost.com/news/canad...ng-laws-to-take-effect-across-canada-tomorrow

    http://www.parl.ca/DocumentViewer/en/42-1/bill/C-46/royal-assent
     
  2. tonni

    tonni Red Belt

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    Start stocking up that garlic, Canadians. Hit em where it hurts.
     
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  3. HereticBD

    HereticBD Steel Belt

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    Yeah, it's an overreach. It'll be challenged, and likely struck down.

    Drunk driving is a big problem, but this is not a solution by any stretch.
     
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  4. Wet Blanket

    Wet Blanket Totally Radical Left Wing Vegan Misanthrope

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    Hopefully, but it will take years to challenge it.
     
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  5. Farmer Br0wn

    Farmer Br0wn Farmer Br0wn belt

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    Clear overreach by the Canadian government.

    The Trudeau Administration appears antagonistic towards the rights of free speech and privacy.
     
  6. Revolver

    Revolver you sound poor Staff Member Senior Moderator

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    lmao @ this 3rd world country.
     
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  7. phoenixikki

    phoenixikki Brown Belt

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    At least you still have your guns.

    [​IMG]
     
  8. MMAisGod

    MMAisGod Purple Belt

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    This one is rough. There are a number of reasons you can have alcohol within your vicinity, let's say car. If you reach home and drink up some Jack, cops can show up an hour later testing for intoxication? LolWut?

    Terrible, terrible overstep. It would appear to be a legal nightmare trying to fight for this one if challenged in court.
     
  9. method115

    method115 Steel Belt

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    lol test you 2 hours after you get home? What can that possibly prove? Do they get to fuck your wife after they're done?
     
  10. HunterSdVa29

    HunterSdVa29 Respect, tho Platinum Member

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    this is patently absurd
    and also invites profiling of the highest order, you don't even need PC? cmon son
     
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  11. Sano

    Sano Black Belt

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    Is this a misrepresentation like the C-16 bill?
     
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  12. thehighking

    thehighking Brown Belt

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  13. Canned Tuna

    Canned Tuna Red Belt

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    I feel bad for the people under the iron hammer of Soviet Canuckistan
     
  14. Sketch

    Sketch ?.?.?.?.?.?

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    You know what, this time you're right....

    Wtf is this?! This is 3rd world shit
     
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  15. ultramanhyata

    ultramanhyata Gold Belt

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    No misrepresentation. I have an uncle doing 5 years hard time in Toronto for referring to a gender fluid person as "sir". Jordy P. got it right!
     
  16. Sano

    Sano Black Belt

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    This took two seconds to read:

    "Exception

    (4) No person commits an offence under subsection (3) if
    (a) they consumed the drug or the alcohol or both after ceasing to operate a motor vehicle or vessel, or after ceasing to operate or assist in the operation of an aircraft or railway equipment or after ceasing to have the care or control of a motor vehicle, a vessel, an aircraft or railway equipment; and
    (b) after ceasing the activities described in paragraph (a), they had no reasonable expectation that they would be required to provide a sample of a bodily substance."
    http://www.parl.ca/DocumentViewer/en/42-1/bill/C-46/royal-assent

    <{hfved}>

    Ffs....
     
  17. Wet Blanket

    Wet Blanket Totally Radical Left Wing Vegan Misanthrope

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    2 hours!

    You can drive home under the legal limit and then have quite a few drinks in that amount of time. One call from a neighbor that doesn't like you and you're in for a world of trouble.
     
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  18. EndlessCritic

    EndlessCritic Gold Belt

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    The actual text of the law is fucking brutal.

    Under the new law, it is an offence to have a blood alcohol level over .08 within two hours AFTER you've last driven, unless you can prove that you drank the alcohol AFTER you stopped driving, AND that you you had "no reasonable expectation" that you would be asked to provide a bodily substance.

    Yet, as the OP correctly notes, under the new regime, officers do not need a reason to give you a breathalyzer. So now, nobody has a reasonable belief that you won't be asked to provide a breath sample, since officers don't need to give you a reason to ask for one.
     
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  19. Grenz

    Grenz Purple Belt

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    No, this is accurate. I haven’t heard about the 2 hour thing, but it’s a fact that cops can now give you the breathalyzer without any hint of suspicion of drunk driving.

    I’m not really sure what this will accomplish. Let’s say the cops pull someone over who’s drunk. He would’ve gotten the breathalyzer anyway, unless the cop has no fucking clue as to what the tell tale signs of intoxication are. But then there are those people who had 2 or 3 drinks after work and might be just slightly over the limit, not really drunk, still in control of their actions. Those are the ones where the catch rate will actually increase and those are also the ones who are relatively low risk as far as possibility of endangerment is concerned.
     
  20. milliniar

    milliniar Who needs a belt?

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    They can also test for weed...the actual bill listed while dumb isn't the click bait of the first link. If the cops showed up at your home and you were drinking or smoking they have extra steps before they can charge you, so I doubt they would follow up too much on that.
     

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