What is touted as the toughest law against drunk driving has survived two challenges in the Supreme Court of Canada. The western province of British Columbia allows police to immediately impose heavy fines, penalties and suspend the licenses of drivers who fail roadside alcohol breath tests.
Provinces have jurisdiction over highway safety
Each province in Canada is responsible for its highway safety, noted the high court. And that includes regulating who is able to drive and taking dangerous drivers off the road.
Lawyers argued the British Columbia law violated the Canadian Charter of Rights and Freedoms, in particular the presumption of innocence. A majority of justices disagreed saying the law balances individual liberties against protection of the public.
Since passing the particularly tough legislation, British Columbia suspends about 19,000 drivers a year for up to 90 days. It also says the law has saved many lives by keeping dangerous drivers off the road.
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