The Trudeau government’s proposed alcohol-and drug-impaired driving legislation violates the Charter and will clog already overburdened courts with Charter challenges from coast to coast to coast, says Senate Liberal Serge Joyal, the influential chair of the red chamber’s Legal and Constitutional Affairs Committee.
The Senate’s legal dean said that, in his view, Bill C-46, as put forward by the government, is “full of holes,” counterproductive and apt to be substantially revised in the Senate. His view was shared by at least some other senators after they finished hearing the testimony last week from the Canadian Bar Association (CBA) and other legal groups on the government’s proposed major overhaul to the Criminal Code’s impaired driving provisions. Bill C-46 is ancillary to the Liberals’ signature proposed legislation to legalize cannabis (Bill C-45).
“I think that the likelihood of especially the random alcohol testing provisions being found to be unconstitutional is very real,” remarked Batters, who said last week’s testimony by Vancouver defence counsel Kyla Lee, a specialist in impaired driving law, “absolutely … dismantled professor Hogg’s analysis on [RBT].”
Read the rest of the article here: www.thelawyersdaily.ca/articles/6051/joyal-says-impaired-driving-bill-violates-charter-is-full-of-holes-senators-worried-bill-c-46-will-overburden-courts
Kyla Lee - Vancouver Criminal Lawyer
Vancouver Criminal Lawyer Kyla Lee is available to give interviews on all variety of criminal law topics, including drunk driving rulings and Immediate Roadside Prohibition legislation. Kyla Lee has appeared on Global BC, CBC, in the Vancouver Sun, and other media throughout BC. She is a leader in developments in drinking and driving law in British Columbia.