Criminal Code of Canada - section 254(1) - Definition of approved screening device

section 254(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines the term approved screening device as a device used to detect alcohol in someones blood, approved by the Attorney General of Canada.

SECTION WORDING

254(1) In this section and sections 254.1 to 258.1, "approved screening device" means a device of a kind that is designed to ascertain the presence of alcohol in the blood of a person and that is approved for the purposes of this section by order of the Attorney General of Canada;

EXPLANATION

Section 254(1) of the Criminal Code of Canada is a crucial section that deals with the use of an approved screening device (ASD) as a means of detecting the presence of alcohol in the blood of a person suspected of driving under the influence of alcohol. The section forms part of a larger section of the Criminal Code that covers impaired driving offenses and the penalties associated with such offenses. The section defines "approved screening device" as any device that is approved by the Attorney General of Canada for use in detecting alcohol in the blood. The device is required to be designed explicitly for this purpose, and it must comply with the standards set by the relevant regulatory authorities. The section also sets out the circumstances under which a police officer may require a driver to provide a sample of their breath using an ASD. These include when the officer has reasonable grounds to suspect that the driver has alcohol in their blood that exceeds the legal limit. The limit, which is set out in another section of the Criminal Code, is 80 milligrams of alcohol per 100 milliliters of blood. If a driver fails or refuses to provide a breath sample on request, they can face criminal charges and penalties, including fines, license suspensions, and even imprisonment. Overall, section 254(1) of the Criminal Code of Canada provides a legal framework for the use of ASDs in detecting alcohol in the blood of drivers suspected of impaired driving offenses. The section is part of a broader legislative effort to combat alcohol-related accidents and fatalities on the nation's roads.

COMMENTARY

Section 254(1) of the Criminal Code of Canada provides a clear definition of approved screening device" in the context of driving under the influence of alcohol. The section outlines the criteria that must be met for a device to be considered approved, as well as the authority responsible for approving such devices. The purpose of this section is to provide a standardized method for testing drivers suspected of driving under the influence of alcohol. By using an approved screening device, law enforcement officials can quickly determine whether a driver has alcohol in their system. This can help to prevent accidents and save lives. One important aspect of the definition of approved screening device" is the requirement that it be approved by the Attorney General of Canada. This ensures that the device has undergone rigorous testing and meets certain standards of accuracy and reliability. The approval process helps to ensure that only the most effective and reliable devices are used by law enforcement officials. Another key requirement of an approved screening device is that it be designed to ascertain the presence of alcohol in the blood of a person. This means that the device must be able to accurately detect the presence of alcohol in a person's bloodstream, which is essential for determining whether a driver is under the influence of alcohol. The use of an approved screening device is an important tool in combatting drunk driving. These devices help to identify drivers who are under the influence of alcohol, and allow law enforcement officials to take appropriate action to ensure public safety. By providing a clear definition of what constitutes an approved screening device, Section 254(1) helps to standardize the testing process and ensure that all drivers are treated fairly and consistently. In conclusion, Section 254(1) of the Criminal Code of Canada plays an important role in promoting public safety by defining the criteria for what constitutes an approved screening device. By ensuring that only reliable and accurate devices are used to determine whether a driver is under the influence of alcohol, this section helps to prevent accidents and save lives.

STRATEGY

When dealing with section 254(1) of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Firstly, it is important to understand the purpose of this section and its importance in maintaining law and order in the country. Section 254(1) of the Criminal Code of Canada provides a legal framework for the use of approved screening devices to detect alcohol impairment in drivers. The purpose of this section is to reduce the risk of accidents and fatalities caused by impaired driving. One strategic consideration is how to effectively implement this section. Law enforcement agencies must ensure that they have access to approved screening devices and that they are properly trained in their use. They should also develop guidelines for administering tests and handling the results, to ensure that they are consistent and in compliance with the law. Another strategic consideration is to ensure that this section is effectively communicated to the general public. Drivers should be aware that they may be subject to screening if they are suspected of driving while impaired. This can be achieved through public awareness campaigns, such as advertisement and informative sessions. Regarding the strategies that can be employed, the following are a few examples: 1. Increasing Law Enforcement Presence: Proactive policing strategies, including more traffic stops and roadside checks, can help to ensure that drivers are aware that impaired driving is not tolerated. 2. Provide Education: Education plays a vital role in creating awareness and promoting safe driving. Training and awareness programs should be provided to both police officers and the general public to ensure everyone understands the risks of driving while impaired. 3. Workplace Policies: Employers should also develop policies that discourage employees from driving after consuming alcohol. This includes offering taxis or public transportation if an employee is intoxicated. 4. Enforcement of maximum fines: The maximum fines for impaired driving should be enforced strictly. This will act as a deterrent and make violators think twice before taking the risk. In conclusion, section 254 of the Criminal Code of Canada is an essential tool that helps to ensure road safety. By understanding the strategic considerations and implementing effective strategies, it is possible to create a safer driving environment for everyone.