CASE LAW - McLeod v British Columbia

BC Courts Coat of ArmsThe case of McLeod v British Columbia (Superintendent of Motor Vehicles) and The Attorney General of British Columbia challenges the constitutionality of s. 320.27(2) of the Criminal Code, which authorizes mandatory alcohol screening (MAS) of drivers for the presence of alcohol as an investigatory tool. Norma McLeod and Nicole Quashnick say that it infringes their ss. 8, 9 and 10(b) rights under the Canadian Charter of Rights and Freedoms.

Mr. Justice Punnett presided over the trial and examined the MAS scheme in law, how it applies to BC's Immediate Roadside Prohibition provisions and how the Canadian Charter of Rights and Freedoms might affect it.

He found that section 320.27(2) of the Criminal Code does not violate the Charter and the rights of the two drivers were not infringed.