The B.C. Government’s attempt to rehabilitate the unconstitutional drunk-driving law looks like it will trigger further court challenges.
“I’m sure it will be challenged again,” said Jeremy Carr one of the lead lawyers on the landmark case that overturned the controversial legislation late last year.
Vancouver lawyer Paul Doroshenko called the situation appalling.
“If you blow, they don’t care how police got it,” he fumed. “They could pin you down on the ground and make you blow and it’s admissible. As far as they are concerned the charter of rights and freedoms does not apply to their tribunals.”
The screening devices remain extremely problematic and the new legislation perpetuates an injustice by using them to determine punishment, Doroshenko said.
“The government has never provided an expert to stand up and say they feel comfortable relying on these screening devices for punishing someone,” Doroshenko added. “No expert witness would agree with it.”
He said the Vancouver police department recently released a series of maintenance records to him that show the devices are sometimes wrongly calibrated, display the wrong message or give a false reading.