8. Everyone has the right to be secure against unreasonable search or seizure.
The Ontario HTA (Highway Traffic Act) currently allows for random stops to check for:
- Vehicle registration
- Driver license validity
- Soberity
- Mechanical fitness
However as a breathalyzer sample is considered seizure of evidence under Section 8, they need to first establish probable cause. If you're slurring your words, were weaving, driving erractically, or you roll down the window and it reeks of Johnnie Walker Blue Label to where the officer can smell it from outside the car, then they can request a sample. RIDE programs have a similar requirement.
This new law would allow an officer to randomly stop someone, and the first thing presented to them is a breathalyzer with an order to blow or go to jail. No probable cause would have been established at this point, so collection of evidence is not justified.