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 try to discourage drunk driving. When this practice was challenged in the courts as an infringement of s. 9 of the Charter,

Question

Quizplus · Accepted Answer

Section 1 of the Canadian Charter of Rights and Freedoms allows for certain rights and freedoms to be limited if it can be demonstrably justified in a free and democratic society. This section is often cited to uphold laws that infringe on rights but serve a greater public interest, such as reducing alcohol-related traffic deaths through roadside checks. Section 33, the notwithstanding clause, allows federal or provincial governments to pass legislation that overrides certain sections of the Charter, but it is not applicable in this context as it is not typically used to justify police practices like roadside checks. The argument about mobility rights under section 6 would not be relevant in this case, as these rights pertain to the ability to move and reside in different parts of Canada, not the issue of being stopped by police for a roadside check.

In Response to the Growing Number of Traffic Deaths Resulting