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 discourage drunk driving.When this practice was challenged in the courts as an infringement of s.9 of the Charter,which of the following is true?

Question

Quizplus · Accepted Answer

Counsel for the Crown would argue that the law permitting roadside checks is valid on the basis of s.1 of the Charter because it is a reasonable limit on individual rights in order to achieve the important government objective of reducing drunk driving and the resulting traffic fatalities. Option A is incorrect because s.33 of the constitution (the notwithstanding clause) allows the federal or provincial governments to override certain sections of the Charter, but it requires a specific invocation by the government, which did not occur in this case. Option C is incorrect because s.6 of the Charter protects against arbitrary detention, but it does not apply in this case because arbitrary roadside checks are not considered detention under the law. Option D is partially incorrect because s.33 is not relevant to this case.

In Response to the Growing Number of Traffic Deaths Resulting