Sunday, August 1, 2010
Remember, you can be impaired for legal purposes at well below 80
The new regulations affecting young people do not change the legal fact that you can be found guilty of impaired driving regardless of the level of blood alcohol. So even if you blow, say, 50 if you show impairment you can be convicted of the criminal offence.
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Does that include Pablo Rodriguez?
I am wondering if those who are between 18 and 21 years of age can make a charter of rights case against age discrimination. After all, they are adults.
Constitution Act, 1982
Equality Rights
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
These are administrative suspensions. The Charter seems to only apply to criminal ones, because of less consequences and lack of possibility of jail.
The provinces learned form the BC Motor Vehicle reference case and makes sure that their new power grab is as non-criminal as possible.
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