McLeod says she was medically unable to provide the breath sample, but the officer concluded she’d purposefully refused. Random traffic stopsAs written in Bill C-46, mandatory screening requires police to have made a lawful stop of a driver to demand the breath sample. Yet the 1990 SCC ruling, called R. v. Ladouceur, did not anticipate mandatory screening. As in the McLeod case, the officer had been staking out a liquor store in the morning and conducting random breath tests. That’s why she’s now proceeding to the courts with her Charter challenge against mandatory alcohol screening — possibly the first in the country, but almost certainly not the last.

Source: National Post April 29, 2019 21:22 UTC