Answered
In response to the growing number of traffic deaths resulting from alcohol-related accidents, many provinces amended existing laws to permit their police forces to conduct arbitrary roadside checks to try to discourage drunk driving. When this practice was challenged in the courts as an infringement of s. 9 of the Charter,
A) counsel for the Crown would successfully argue that the practice could be continued indefinitely because of s. 33 of the Constitution, which allows the provinces to exempt the legislation from the application of the Charter.
B) counsel for the Crown would argue that the roadside checks are permissible on the basis of s. 1 of the Charter.
C) the challenging party, a motorist who had been stopped and found to have excessive blood alcohol levels, would successfully argue that the legislation violates his s. 6 mobility rights.
D) the Crown would argue s. 33 and s. 1.
E) All of the answers are correct.
On May 09, 2024