The Constitutionality of Mandatory Alcohol Screening in Canada

Abstract

In 2018, random mandatory alcohol screening became a reality of the Canadian justice system. Before the law had even come into effect, it was being welcomed with open arms by some, and immediately castigated as unconstitutional by others. Compelling arguments for both sides have emerged in the wake of debate. Where Bill C-46 has enacted laws which have adversely affected the rights of drivers, an analysis of the new laws written within the Canadian Criminal Code, warrant an audit of their alignment with the Canadian Charter of Rights and Freedoms. This thesis challenges the constitutionality of section 320.27 (2) of the Canadian Criminal Code against sections 7 and 1 of the Canadian Charter of Rights and Freedoms. In drawing on the public’s perception of the law, an array of precedent provided by the Supreme Court of Canada, and an analysis of both sections 7 and 1 of the Canadian Charter, an argument can be made which corroborates the notion that section 320.27 (2) of the Canadian Criminal Code is unconstitutional