Under Bill C-46, Calgary Police can demand a breath sample without any reasonable suspicion of impairment through Mandatory Alcohol Screening (MAS). Disputing this requires a skilled defence lawyer arguing specific Charter of Rights violations during a SafeRoads Alberta appeal.
In 2018, the federal government enacted Bill C-46, fundamentally changing the landscape of impaired driving laws in Canada. 🚙 Prior to this law, a police officer in Calgary needed “reasonable suspicion” that you had consumed alcohol-such as smelling liquor on your breath or seeing bloodshot eyes-before they could legally force you to take a breathalyzer test. Today, that requirement is gone. Through Mandatory Alcohol Screening (MAS), an officer can demand a breath sample from any driver they lawfully stop, for any reason whatsoever.
Being forced to prove your sobriety when you have done nothing wrong feels invasive to many Albertans. While the Supreme Court has generally upheld MAS as a justified measure to prevent impaired driving, police do not have unlimited power. If an officer cuts corners, detains you unlawfully, or violates your rights under the Canadian Charter of Rights and Freedoms, the demand may be deemed illegal. Successfully disputing an MAS demand is highly technical and requires the expertise of an experienced Calgary criminal defence lawyer.
Step-by-Step Process to Dispute MAS in Calgary
Fighting an Immediate Roadside Sanction (IRS) based on a Mandatory Alcohol Screening demand is a fast-paced legal battle. ⚔️ You do not have the luxury of time, as provincial deadlines are incredibly tight.
Step 1: Filing an Immediate Appeal with SafeRoads Alberta
If you are issued an IRS FAIL after an MAS demand, you only have exactly 7 days to request a review. You or your lawyer must log into the SafeRoads Alberta portal, pay the non-refundable application fee, and select a date for your hearing. Missing this 7-day window means you forfeit your right to dispute the suspension, and the 15-month driving ban and vehicle impoundment will stand without review.
Step 2: Requesting Police Notes and Dashcam Footage
To win a dispute, your lawyer needs evidence of police error. 📹 Once the appeal is filed, SafeRoads provides “disclosure.” This package includes the officer’s written notes, the calibration records of the Approved Screening Device (ASD), and often the police vehicle dashcam footage. Your lawyer will meticulously review this disclosure to see if the officer had a lawful reason to pull you over in the first place (e.g., a traffic violation or a Checkstop) before making the MAS demand.
Step 3: Raising Charter Defences at the Hearing
The core of an MAS dispute usually relies on the Canadian Charter of Rights and Freedoms. For an MAS demand to be legal, the initial traffic stop must be lawful. If the police stopped you arbitrarily on private property without a valid reason under the Traffic Safety Act, your lawyer will argue that your Section 9 rights (protection against arbitrary detention) were violated. If the stop was unlawful, the subsequent breath demand is also unlawful, and the IRS FAIL should be cancelled by the SafeRoads adjudicator.
How Much Does it Cost in Calgary?
Defending against an impaired driving sanction involves significant legal fees, but it is often much cheaper than the long-term costs of massive insurance increases and losing your job due to a driving ban. 💰 Here are the typical costs for a dispute in Alberta:
- SafeRoads Appeal Fee: The provincial government charges a non-refundable fee of $150 CAD simply to file your appeal.
- Lawyer Fees (SafeRoads Hearing): Most criminal defence firms in Calgary charge a “block fee” for handling a SafeRoads appeal. This generally ranges from $1,500 to $3,500 CAD, depending on the complexity of the file and the seniority of the lawyer.
- Criminal Trial Fees: If the police also charged you criminally under the Criminal Code, defending the case in the Calgary Courts Centre will cost an additional block fee, often ranging from $5,000 to $15,000+ CAD.
How Long Does the Process Take?
The SafeRoads Alberta process is designed to be incredibly fast. After you file your appeal within the 7-day deadline, the actual hearing must legally take place within 21 days of the incident. The adjudicator will then issue a written decision, usually within a few days of the hearing. This means your provincial sanction will be completely resolved (either cancelled or upheld) within roughly one month. However, if you are also fighting criminal charges, the court system is heavily backlogged, and a criminal trial can take 12 to 18 months to conclude.
Frequently Asked Questions (FAQ)
Do I have to pull over if I haven’t done anything wrong?
Yes. Under the Alberta Traffic Safety Act, police have broad powers to stop any vehicle on a public roadway to check for driver’s licence validity, vehicle registration, insurance, and mechanical fitness. Once lawfully stopped, they can demand an MAS.
Can the police demand a breath sample in my driveway?
This is a heavily debated area of law. Generally, if the police observe you driving on a public road and follow you onto your private driveway to conduct a lawful traffic stop, they can demand an MAS. However, arbitrarily stopping you while you are parked entirely on private property may violate your Charter rights.
What happens if the breathalyzer device was broken?
During disclosure, your lawyer will check the calibration logs of the Approved Screening Device. If the device was not calibrated according to the manufacturer’s strict guidelines within a certain timeframe, the results may be deemed unreliable, leading to a cancelled suspension.
Does Mandatory Alcohol Screening violate the Charter?
While many argue it violates Section 8 (unreasonable search and seizure), Canadian courts have so far ruled that the infringement is justified in a free and democratic society because it significantly reduces the deadly consequences of impaired driving.
What if the officer didn’t have the breathalyzer in their car?
If an officer makes an MAS demand, they must have the device readily available. If they detain you at the roadside for an unreasonable amount of time (e.g., 20-30 minutes) waiting for another police cruiser to bring a device, your lawyer can argue an unlawful detention occurred.
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