Section 8 of the Canadian Charter of Rights and Freedoms provides that “Everyone has the right to be secure against unreasonable search or seizure.”  Court cases have interpreted this provision as meaning that a police officer can only legally conduct a search or seizure on the basis of reasonable and probable grounds for concluding that a crime has been committed.  Breath tests are considered searches under the law but they have not been held to be unreasonable since they can be demanded only when there are reasonable and probable grounds for believing the driver is impaired.

To recognize the contributions of seniors to development and to draw attention to the worldwide demographic phenomenon — the graying of the population, our “age of aging" — many countries have recognized October 1^st as the “International Day of Older Persons”. 

Drinking and driving and the closely related topic of youth drinking are news again. On September 1st, under the headline, “Alcohol-related deaths are on the rise this year…” one national newspaper reported on a statement issued the previous day by the Ontario Provincial Police noting increases in fatalities from road collisions—up 5.4%, fatalities in which alcohol was a factor— up 38.5%, and fatalities in which not wearing seat belts was a factor —up 32.7%. 

It is a crime to operate a motor vehicle while impaired by alcohol or a drug. Proving impairment by alcohol or a drug requires evidence that the courts will accept. Police have authority to test for alcohol impairment. The legal limit is a maximum blood alcohol concentration of .08%. 

On Monday November 1^st, 2004 the federal government, the level of government that enacts the criminal law in Canada retabled a bill that gives police the power to make drivers submit to drug testing. Under the proposed new legislation, police with reasonable grounds to suspect a driver has been smoking marijuana may demand that the motorist provide a blood, urine or saliva test. Refusal could result in a criminal charge. Test results, along with results of roadside sobriety tests and officer observations of impairment indicators such as red eyes and the smell of drugs could become evidence for the prosecution.