These joined constitutional appeals challenged British Columbia’s automatic roadside driving prohibition regime for alcohol-related roadside screening results.
The Court held the scheme was within provincial jurisdiction over licensing and highway safety and did not create an offence engaging section 11(d).
The Court also held that roadside breath demands under the scheme engaged section 8 and that the former fail branch was unreasonable because serious immediate consequences were imposed without meaningful review of test reliability.
The section 8 breach for the fail branch was not justified under section 1.
Both appeals were dismissed, with partial dissent on section 8.
