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Nanny State Canada- Police can now breathalyze in homes and bars
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LexisNexis Offline
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Post: #26
RE: Nanny State Canada- Police can now breathalyze in homes and bars
(01-12-2019 08:29 PM)TheFinalEpic Wrote:  In a big city that you don't need to own a car, why have one anyway.
...
Don't drink - it's poison for your body and mind anyway - learn to game without it.

Not everyone can and wants to live downtown and sometimes you just have to drink (on dates, having a shot with a potential pull, etc.). So it's a bummer!
01-12-2019 08:55 PM
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ChefAllDay Offline
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Post: #27
RE: Nanny State Canada- Police can now breathalyze in homes and bars
This is yet another Liberal initiative that had no consultation in parliament and no public discussion. It will cost millions in court, lawyers will get richer and it will get reversed as soon as Trudeau is out of office. Pretty stupid legislation most likely at the behest of Gerald Butts. Who is a total piece of shit.

"Women however should get a spanking at least once a week by their husbands and boyfriends - that should be mandated by law" - Zelcorpion
01-12-2019 10:40 PM
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tomtud Offline
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Post: #28
RE: Nanny State Canada- Police can now breathalyze in homes and bars
Source: Toronto law firm.....
https://criminaltriallawyers.ca/?q=know-your-rights


Your rights as an individual are enshrined in the Charter of Rights and Freedoms.

These rights protect us from arbitrary and unreasonable exercises of police power, such as illegal searches or unlawful intrusions into our privacy.

The Charter is crucial where an accused person is being prosecuted based on illegally obtained evidence. When police breach Charter rights, the illegally obtained evidence can be excluded from the trial, meaning that the prosecution is not allowed to rely on it to prove guilt.

Most people do not fully understand the importance of our rights until they are charged with a crime. Below you can find explanations of the practical protections that our rights provide. This should not be taken as legal advice for any specific situation. When in doubt, contact one of us to determine what your options are in dealing with an interaction with police.

Your Rights in Your Home

A man’s home is his castle. This is not just a common saying; it is a centuries-old principle which is enshrined in our Charter of Rights and Freedoms. The police or other law enforcement authorities can only lawfully enter your home under certain circumstances – otherwise they are the same as any trespasser. The home is seen under our law as the most private place, but there are exceptions to your protection against police intrusion.

Police Coming to Your Door: Any person, including a police officer, has your implied consent to walk onto your property for the purpose of communicating to you at your front door. If the police have a legitimate reason for communicating with you, such as responding to a call or seeking information for an investigation, then there is nothing wrong with this. Police are not, however, entitled to abuse this ability by using it to conduct a “sniff” test – just going to the front door to see whether there is any sign of criminal activity when someone answers the knock. There is also no obligation to answer the door when the police come knocking. There is no obligation to speak to the police at your door, and you can end any conversation with them whenever you choose.

Police Entering Your Home by Invitation: The police may come to your door to speak with you and in the process ask if they can come inside. You do not have to let them enter, but they are allowed to under law if you give them permission. If you are not sure whether to grant this permission, contact one of us before making this decision.

Giving the police permission to enter your home is not the same as giving them permission to search your home, but police may ask to do this as well and you may grant it. If you give police permission to search your home, then they can do so without a warrant. A search of your home by police is a serious intrusion of your constitutionally protected privacy interests and you should consult a lawyer for legal advice before making this decision.

Search Warrants: A search warrant is a judicial authorization to enter and search a place for evidence of a crime. They are often used for the search and seizure of illegal drugs or firearms, but may be related to a search for evidence of any crime. It may authorize the police to enter at night, and it may authorize the police to use force in making their entry. Police can detain the people found in the home while the search is being conducted, and may make arrests or lay charges based on what is found. The police may also seize any number of items found during a search in pursuit of their investigation. The validity of search warrants can be challenged later in court, and issues related to the release of items that are seized can also be dealt with later. Anything that is seized as evidence will likely be held at least until the related charges are over.
01-12-2019 10:54 PM
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tomtud Offline
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Post: #29
RE: Nanny State Canada- Police can now breathalyze in homes and bars
On a side note. A friend of mine who was good buddies with an owner of a strip club in the Toronto area. The strip club I believe has been sold years ago and I remember the owner telling me a story of his dealings with cops.
Cops would routinely run license plate checks in his parking lot and he sensed that customers weren't too happy about it. He told the cops to fuck off and it's private property. However, they ended up hanging out on the public road by the strip club which also serves as a potential hazard and deterrent for would be customers.

I am totally against drunk driving. Now, i am totally against the government acting in this manner as well.
01-12-2019 11:12 PM
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Handsome Creepy Eel Offline
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Post: #30
RE: Nanny State Canada- Police can now breathalyze in homes and bars
By this logic if you wear a mask during BDSM sex and the police finds out, you need to immediately prove your innocence or you go to jail for bank robbery that you might or might have committed while wearing that mask.

It. Is. That. Fucking. Stupid.

"Imagine" by HCE | Hitler reacts to Battle of Montreal | An alternative use for squid that has never crossed your mind before
(This post was last modified: 01-13-2019 03:45 AM by Handsome Creepy Eel.)
01-13-2019 03:44 AM
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Sp5 Offline
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Post: #31
RE: Nanny State Canada- Police can now breathalyze in homes and bars
(01-11-2019 01:01 AM)Kona Wrote:  
(01-10-2019 11:18 PM)moneyshot Wrote:  only a matter of time before MADD co-opts this and tries to make it law here as well.

Ain't that the fucking truth. I'd be willing to bet they have their fingerprints on the Canada law too.

Aloha!

DAMM (Drunks Against Mad Mothers) will fight it in the USA.

As far as the Canadian Declaration of Human Rights goes, I watched a peaceful demonstration of less than 200 in Montreal met with a grossly disproportionate response of 1000+ cops, helicopters hovering overhead.
About 40 of them were corralled, "kettled" and arrested for no reason.
01-13-2019 05:23 AM
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Brother Abdul Majeed Offline
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Post: #32
RE: Nanny State Canada- Police can now breathalyze in homes and bars
Policing in Canada (at least Ontario) has been a worrisome topic for over a decade now.

I lived in a town that had it's own police force until the mid nineties until the OPP took over. It was supposed to be easier on the town's budget to contract the job out to the Provincial police, but that changed in a hurry. The costs soon spiraled out of control as they became a quasi paramilitary force with more and more specialized equipment.

To justify their increasing costs they had to levy more and more fines, and became pettier and pettier in doing so, not giving a single shit about our so-called "Charter of Rights and Freedoms". They would foot patrol the town at night, asking people for their ID, using the "I can smell alcohol" line whether a person's been drinking or not. Absolute assholes. In the winter, if you were parked in the vicinity of a bar, they would trace an x in the grime of your headlights so they could stop you down the road (I wised up to this trick when I saw them doing this). They had no evidence that you were even in a bar, but they were confident enough to do this. I was picking garbage off my lawn one day when a cop car pulled up and asked me to identify myself. Apparently I fit the description of someone who was seen peering into parked cars - a middle aged guy in a suit, yeah right.

Anyhow, long story short, as it applies to this new law, as the costs of policing us continue to increase, the overreach of the police will increase correspondingly so they can collect enough revenue to justify their existence. Canada will soon be a police state, and I say that without hyperbole. This is one of the essential reasons I no longer live there.
01-13-2019 05:45 AM
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Agrippa Offline
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Post: #33
RE: Nanny State Canada- Police can now breathalyze in homes and bars
(01-12-2019 08:29 PM)TheFinalEpic Wrote:  I had a discussion about this yesterday with some friends and the sentiments were:

In a big city that you don't need to own a car, why have one anyway.
If self driving cars actually become a thing, then this will be void in a few years anyway - blame the robot
Don't answer the door, and don't talk to police for any reason whatsoever.
Don't drink - it's poison for your body and mind anyway - learn to game without it.

It's ridiculous as it takes away burden of proof, and id 1984 level of surveillance. I think that there will be some high profile cases in the future of this - how do they prove you were driving? How do they prove you were intending to drive? How do they prove you just didn't get lit up when you got home or to the bar?

It makes no sense and it's retarded.

The state no longer has to prove you didn't get lit up after you stopped driving. If charged you now have to prove three things:

1. You consumed alcohol after you stopped driving
2. You had no expectation that you would need to give a sample
3. Your blood alcohol concentration would have been under 0.08 when you were driving.

It reverses the onus, violates the presumption of innocence, and will be costly not only in lawyer fees but you may also need to hire a toxicologist to prove your BAC was under 0.08 at the time of driving.

Oh, and you will get a 90 day licence suspension (at least in Ontario) which will show up on your driving record and cause your car insurance to skyrocket. Depending on your insurance company you will probably be labelled a high-risk driver. Good luck getting reasonable rates anytime soon after that.
(This post was last modified: 01-13-2019 09:16 AM by Agrippa.)
01-13-2019 09:02 AM
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