The federal justice minister is considering a new law that would allow police to conduct random breathalyzer tests on drivers, regardless of whether they suspect motorists have been drinking.
Justice Minister Rob Nicholson raised the prospect recently at a meeting of Mothers Against Drunk Driving, according to MADD chief executive Andrew Murie.
If random testing were to be adopted, it would be a major change to Canada's 40-year-old breathalyzer legislation, which stipulates that police may only administer a test if they suspect a driver has been drinking.
In June, a House of Commons parliamentary committee recommended changing the legislation to allow for random testing, arguing it is an effective deterrent.
The change would also bring Canada in line with a number of other countries in Europe and countries like Australia, which have adopted similar measures.
Murie said its biggest selling point is that it improves road safety, with drunk driving fatalities dropping 36 per cent in Australia after legislation was introduced, and 23 per cent in Ireland when it made the change.
Tests could infringe on civil liberties
"In the European Union, they demand that their countries, as part of membership for road safety, have sophisticated random breath testing because of the difference it's made in lives saved," he told CBC News.
Murie said the change would allow police at roadblocks to conduct about three times as many breathalyzer tests because they would not need to spend time determining whether there is "reasonable" suspicion a driver has been drinking.
The issue for civil libertarians, however, is that changing the law to allow random testing would be a violation of a person's right to protection against unreasonable search and seizure.
"It has no real place in a democratic society," said Richard Rosenberg of the British Columbia Civil Liberties Association.
"Giving police power to act on a whim is not something we want in an open democratic society."
The House justice committee that recommended the amendment in June said such a change might be challenged under the Charter of Rights and Freedoms, but said it would be up to the courts to decide whether the search could be considered reasonable.
Federal Justice Minister Rob Nicholson could not be reached for comment.
