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Mandatory breath tests likely to face challenges

A BC lawyer is speaking out against the new federal legislation surrounding impaired driving and mandatory breathalyzer tests.

Sarah Leamon is concerned about the Charter implications that this new legislative change will have.

“Some of the things in the Charter that protect us against the State, are things like the right to be free from arbitrary detention by police and also the right to be free from an unreasonable search and seizure. These are two rights that I see being in conflict.”

Leamon believes that cases of racial profiling will go up.

“I have concerns that is is, essentially, going to give police officers a free pass to stop vehicles and to racially profile drivers for the purpose of detaining them and having them submit to breath tests at the roadside.”

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