Asked by Alyssa Nation on May 03, 2024
Verified
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,
A) counsel for the Crown would successfully argue that the practice could be continued indefinitely because of s. 33 of the Constitution, which allows the provinces to exempt the legislation from the application of the Charter.
B) counsel for the Crown would argue that the roadside checks are permissible on the basis of s. 1 of the Charter.
C) the challenging party, a motorist who had been stopped and found to have excessive blood alcohol levels, would successfully argue that the legislation violates his s. 6 mobility rights.
D) the Crown would argue s. 33 and s. 1.
E) All of the answers are correct.
Charter
A document that establishes a city, company, or university, outlining its rights, privileges, and purposes, or it can refer to the hiring or leasing of a ship, aircraft, or bus.
Alcohol-related Accidents
Incidents resulting in damage or injury, where alcohol consumption is a primary contributing factor.
Arbitrary Roadside Checks
Police stops of vehicles on roads for inspection or questioning without any specific suspicion or cause.
- Identify the rights protected under the Canadian Charter of Rights and Freedoms and understand its application.
Verified Answer
EB
Evaejua BartlettMay 09, 2024
Final Answer :
B
Explanation :
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.
Learning Objectives
- Identify the rights protected under the Canadian Charter of Rights and Freedoms and understand its application.