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Where to draw the line?

Garth McLennan
Editor in Chief

o say that there has been a

ton of debate surrounding the

recently toughened up anti-drunk
driving laws in British Columbia would
be a severe understatement. Since the
enactment of the new laws last Monday,
the province has basically divided into
camps, with each side up in arms about
whether or not the new legislation is to
tough.

With the way things stand now,
police officers now have more power than
ever before when determining the fates
of B.C.’s motorists. Because now, if a
driver is pulled over and blows a blood/
alcohol level of .05 or higher, the officer
administering the test can immediately
suspend the driver’s licence for three
days, can impound his or her vehicle for
three days and can ticket them for up
to $450 in fines. All of those take effect
instantly and happen without any input
from a judge. In effect, the police officer
becomes the de facto judge, jury and
executioner.

There are other facets of the law,
including heavy new penalties for drivers
blowing above .08, but it’s the ability
of the police officer to have that much
power with the person getting ticketed
having virtually no day in court that is

the real issue here. As you would expect,
civil rights groups across the province
have been in a fury over the new laws,
saying that they far exceed the power that
any one officer should have.

While I understand the laws and
why they were introduced, it will always
be hard to forget the tragic death of
Alexa Middalaer, that power does cross
a dangerous line. After all, it only takes
one jerk-off with a badge to totally
decide your fate. I’m not saying that I
completely disagree with the motive for
the new laws or even the new legal limits,
what I just detest is the complete power
that one officer now wields.

Now, to be fair and realistic, most
police officers are men and woman of
outstanding character, and it would very
unfair to blame them for the imposition
of the laws because, after all, they are
just doing their jobs. But really, this isn’t
about police officers. This is, in essence,
about what we are and are not entitled to
in a modern democracy. And in Canada,
you get your day in court, no matter how
bleak things look. You get a fair and
honest hearing to, hopefully, hash out
what really happened. That’s one of the
cornerstones of our society, and while
something like these new drunk driving
laws won’t shatter the walls of democracy
in Canada, it is a dangerous slope we’re
finding ourselves on.

 

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