Key elements of B.C.'s system of immediate roadside penalties for drunk driving have been upheld by the Supreme Court of Canada.

B.C.’s tough drunk driving penalties upheld

Supreme Court of Canada rules B.C. can continue its immediate roadside punishment for impaired drivers

Canada’s top court has upheld B.C.’s tough system of roadside penalties for impaired drivers, including vehicle impoundments, stiff fines and immediate 90-day licence suspensions.

The Supreme Court of Canada handed down twin judgments Friday that back key elements of the provincial government’s policy after it was challenged by motorists.

Justices said there was “no doubt” automatic roadside prohibitions are within the province’s jurisdiction and a valid regulatory measure.

They rejected the argument of opponents that the penalties effectively create an offence that requires a right to a fair trial, not an instant decision by police after a failed blood-alcohol reading on a portable device.

The court found the province’s “pressing and substantial” goal of enacting the scheme “was not to oust the criminal law, but rather to prevent death and serious injury on public roads by removing drunk drivers and deterring impaired driving.”

Roadside penalties have largely supplanted criminal investigations and prosecutions for impaired driving in B.C. The amount of time and money expended on drunk driving cases in the courts and by police is down because of the nearly 70 per cent drop in impaired charges.

Police still pursue criminal charges in cases of injury or death due to drunk driving.

Defence lawyers have criticized the immediate roadside prohibitions as a de facto decriminalization of most cases of impaired driving.

Although drivers who are caught and punished at roadside face stiff sanctions, they do not usually risk an impaired driving conviction and criminal record.

Also before the courts was the constitutionality of the compulsory demand to provide a breath sample or face roadside penalties.

A majority of Supreme Court justices said the original 2010 provision did violate the Charter of Rights protection against unlawful search and seizure.

The province amended its law in 2012 to allow drivers who fail a roadside breath test to take a second test – the lowest of the two readings is used – and created a process for them to appeal driving prohibitions.

“Our belief is that the amendments our government made in June 2012 already address the constitutional issues noted in the court’s decision,” B.C. Justice Minister Suzanne Anton said.

It’s not yet clear if drivers penalized in the first two years of the program could be compensated.

Anton welcomed the ruling, adding immediate roadside prohibitions have been “very effective” and have saved an estimated 260 lives over the past five years.

“People are learning from them, they’re not drinking and driving as much,” Anton said. “As soon as you blow that warn or that fail you will be penalized. And that is what deters people from drinking and driving. That’s what keeps our roads safe.”

Defence lawyers intend to continue to challenge elements of the B.C. law that were not addressed by the top court.

About 18,000 roadside prohibitions are issued each year and about two per cent are successfully challenged through the review process.

Just Posted

A “glamping” hotspot in Tlell?

Campers may soon find a way to go “glamping” in Tlell that… Continue reading

Odds ‘n Sods: Voting, stretching, and painting in Port

By Elaine Nyeholt We missed the mist of Misty Isles all summer.… Continue reading

School district recognizes Haida Gwaii languages, national anthem

Haida and English are now recognized by the Haida Gwaii school board… Continue reading

Parents ask trustees to delay hiring of new superintendent

Some parents are asking Haida Gwaii school trustees to delay hiring a… Continue reading

Housing a top issue for future Masset mayor and council

Lack of daycare, better recreation and tsunami planning also discussed at Oct. 4 forum

Secret supper clubs test appetite for cannabis-infused food ahead of legalization

Chefs are eagerly awaiting pot edibles to become legal in Canada

Enbridge to begin building road to access pipeline explosion site in B.C.

An explosion Tuesday knocked out a 91-centimetre line

Nearly all available houses sold in Kitimat

Overflow buyers are now looking to Terrace for property after LNG announcement

Andrew Scheer on revamped NAFTA deal: ‘I would have signed a better one’

Conservative leader says he wouldn’t have signed USMCA

Matheson will have NHL hearing after Canucks rookie Pettersson hit

The 19-year-old Swedish centre appeared woozy after the hit

GUEST COLUMN: A better way to manage B.C.’s public construction

Claire Trevena responds to Andrew Wilkinson on NDP union policy

B.C. brewery creates bread beer from food waste

The brew aims to raise food waste awareness and provide funds for the food bank

Dad files Charter challenge after B.C. bans kids from taking transit unsupervised

Adrian Crook is taking his fight to B.C. Supreme Court

B.C. VIEWS: Cast your municipal vote for sanity on homelessness

Thousands on waiting list while anti-capitalist bullies get priority

Most Read