BartSimpson BartSimpson:
Hmmmm.
If it's okay for the police to randomly stop drivers in Canada and ask them to prove that they're not drunk then why would it be wrong for the police in Arizona to ask people they've stopped for other offenses to prove their right to reside legally in the US?
Well, that’s not quite how it works Bart. Most Canadian provinces have a highway traffic act that gives the police the power to stop any vehicle on a highway (as in a public road) to ensure that the driver is licensed and has insurance. This power has been reinforced often by provincial high courts and the supreme court of Canada.
It is a seen as a reasonable infringement of rights for the greater good of the community, as in lets lock up drunk drivers.
If the Constable who pulls you over to check your license smells booze, then that’s reasonable grounds to believe your ability to drive is impaired by alcohol.
You’re nicked.
Alternately the SCC has endorsed police RIDE checks by favourable case law.
At a RIDE stop target area drivers are asked if they have had anything to drink.
If you say that you have drunk alcohol the police can take that as reasonable suspicion to believe your ability to drive is impaired by alcohol.
That means they have the power to demand a sample of breath. With a power of arrest.
If they smell alcohol when you say you have not imbibed or detect other intoxicants, see above.
That is all far from random. And the case law across the Provinces is probably the most active in the area impaired driving judgments.
Go to any Canadian court and watch the list for the day. It will be 25-50% impaired drivers.