British Columbia’s drinking and driving laws will once again be under the microscope starting tomorrow as the B.C. Court of Appeal begins hearing arguments on whether the laws are constitutional.
The B.C. Civil Liberties Association is an intervener in the case.
Raji Mangat with the BCCLA says the association will be arguing that the laws are unconstitutional.
“We find in our review of the legislation that the legislation is unconstitutional to the extent that it creates a presumption of guilt.”
Mangat says now it’s as though you’re guilty and you have to find a way to challenge that, adding the challenge that is allowed now is a very limited one.
Under the laws, drivers who blow a “fail” on a roadside screening device — or refuse to take a test — face penalities like a driving ban or having their vehicle seized.
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