Canada's Justice Minister is Trying to Erode Our Civil Rights

The following email train is an exchange between myself and the Hon. Rob Nicholson, Minister of Justice. Canadians should be extremely worried about the government's plans to change the search and seizure laws in regards to driving under the influence. Obviously, no one can justify drunk driving, but removing a sacred liberty of being free from search and seizure by the police without reasonable suspicion is at the core of our inherent rights as a free people. The lobby group, MADD (Mother's Against Drunk Driving) may have worthy goals of saving lives, but their advocacy of allowing police to search drivers and force them to take an intoxication test without cause is repugnant.

Such powers of search and seizure could easily be expanded if this law is passed. Imagine your home, your car, your person being subject to random searches by police out of the possibility of doing something unlawful. In a free nation, the police powers are checked by the Constitution or Charter of Rights so that they may only violate your RIGHT to be free of such harassment if legal cause exists and a judge approves a search warrant.

This was my email exchange:

Mr. Nicholson,
As a Conservative Party member, I am shocked and saddened by your response. You have completely failed to address the issues that concern individual freedom and civil rights.

Freedom means freedom from government, not at the behest of it. You have just advocated a position that innocent Canadians should be subject to police search for driving, regardless of whether any suspicion of intoxication has been reasonably raised. How can this be justified in a democracy under the Charter of Rights? Perhaps your office or home should subject to random search by the RCMP or OPP. Would that be any different or justifiable? Of course not. Your position obligates you to defend the freedoms and civil liberties of the people, not to diminish those inherent rights. Those who sacrifice freedom for the sake of security will have neither. I'll be publishing your response on my blog.

Sincerely,
Jonathan D. Strong
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Subject: Correspondence from the Minister of Justice and Attorney General of Canada
Date: Thu, 10 Dec 2009 13:23:14 -0500
From: mcu2@justice.gc.ca

Dear Mr. Strong:

Thank you for your correspondence concerning random breath testing on drivers. I regret the delay in responding.

Our Government is committed to strengthening the criminal justice system’s response to impaired driving. We have made legislative reforms to address this important issue by providing stronger penalties for impaired driving.

As you may know, the House of Commons Standing Committee on Justice and Human Rights tabled its report on impaired driving in June 2009, which included a unanimous recommendation that Canada adopt random breath testing on drivers. The Government accepts the Committee’s recommendations in principle; however, I do intend to consult further with the provinces and territories and other stakeholders prior to proceeding with legislative reform in this area.

Random stopping is not a new concept. The Supreme Court of Canada has already determined that police have the authority to randomly stop vehicles for the purpose of checking drivers’ licences, driver sobriety, and vehicle fittings. However, under the current provisions of the Criminal Code, police must have a reasonable suspicion of the presence of alcohol in the driver’s body in order to demand a breath test using an approved screening device. Studies have shown that a significant percentage of drivers who had been stopped at sobriety checkpoints but were not tested with an approved screening device, as police did not have the required reasonable suspicion to do so, were subsequently found to have a criminal blood alcohol concentration when they were tested by a research team stationed only a short distance away. Random breath testing at the roadside has proven to be a highly effective road safety measure in European countries and Australia.

I look forward to the results of our consultations regarding random breath testing on drivers.

Thank you again for writing.

Yours truly,
The Honourable Rob Nicholson
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I've highlighted some areas of his email to signify the blindness Mr. Nicholson has to the problematic nature of this law. I do not wish to become like Europe, or like Australia if they permit such random searches without a warrant or justification. Of course "random stopping" is not a new concept, but neither is tyranny. What a stupid argument for a Minister to have made.

I encourage you to write to Mr. Nicholson at:
The Honourable Robert Douglas Nicholson
Minister of Justice and Attorney General of Canada
284 Wellington Street
Ottawa, Ontario K1A 0H8

Or email him at Nichor@parl.gc.ca and tell him that as free citizens, we will not tolerate such laws. We live in a free country, not a police state. The government has limits as to what it may do. The government exists at the consent of the people and our rights do not stem from the good graces of authorities, they are inherent and sacred.

Write to your MP and Prime Minister Harper as well and tell them that such intrusive laws that violate the Charter of Rights will be peacefully opposed by the people of this country who believe in freedom and the rule of law. Write to Andrew Murie, CEO of MADD, that our rights cannot be compromised for a false sense of security at amurie@madd.ca.

Stand up for your freedoms, or you'll live under oppression.