Police spark debate after demanding breathalyzer at Barrie, Ont. man's home after traffic complaint
Police in Barrie sparked controversy after a video posted to social media showed officers arriving at a man's door to administer a breathalyzer test following a complaint about suspected impaired driving.
- Download the CTV News app to get local alerts on your device
- Get the latest local updates sent to your email inbox
Micah Colbert, a content creator, quickly grabbed his phone to record the interaction when an officer knocked on his door.
"We received a traffic complaint from the OPP, advised about possible impairment. You were swerving in and out of lanes," the officer tells Colbert in the video. "So now I'm here to administer an alcohol screening device. Right now, I demand that you provide a sample of your breath."
Despite being admittedly nervous, the 20-year-old Barrie man said he was confident he would pass the breath test.
"I knew I wasn't drinking. I know my thing would have been zero anyways, so I just embraced the moment and had a good time," Colbert said.
The video now has 1.7 million views on TikTok, with hundreds of thousands of comments debating the legality of officers showing up at someone's house to demand a breathalyzer based on a traffic complaint.
"Seeing the comments and seeing how it might be illegal or unlawful, or whatever it may be, I kind of see that now. So okay, if I had been drinking after I got home, what would have happened then?" Colbert said.
CTV Public Safety Analyst and former OPP Commissioner Chris Lewis confirmed the officer's actions were entirely legal.
"It is within the right of the police to knock on the door of somebody suspected of impaired driving and find out whether or not they had been impaired," Lewis said. "But, they have to know the person was driving. So the individual will either have to admit it, or they've got a witness."
Lewis said the law surrounding this was fairly new.
"This came with changes to the Criminal Code of Canada a few years back that I wasn't even aware of when this video surfaced online. I saw the video, and I wondered myself, actually, when did this become the norm," the former OPP commissioner said.
Lewis noted police only needed grounds to believe someone was driving impaired to demand a breathalyzer.
"I think the police handled this well. They were very professional, and cordial, they were smiling, laughing. The young man was exceptionally polite," Lewis noted.
After passing the breathalyzer test, Colbert and the officer are seen giving each other a fist pump.
Still, despite the legality of the action, questions remain about the possibility of false accusations or a situation where someone drives erratically but is not impaired and drinks after arriving home.
"If it's within the two hours of driving, perhaps you could be charged and then let the courts make the decisions from there," Lewis said.
"It's going to be interesting to test it within the Supreme Court and the decision-making around the legality of it," he added.
In an email to CTV News about the incident, Barrie police communications coordinator Peter Leon stated the service takes impaired driving reports very seriously.
"Our investigations utilize various investigative techniques, which can include attending a residence for the necessary follow-up," Leon stated.
"Impaired driving is one of the leading causes of death," Lewis concluded. "Just don't drink and drive, and there won't be an issue."
CTVNews.ca Top Stories
Bank of Canada ends pause on hikes, raises policy rate by 25 basis points
The Bank of Canada raised its overnight rate by 25 basis points to 4.75 per cent on Wednesday, its first increase since pausing hikes in January.
Wildfire smoke blankets Ontario, Quebec, air quality plummets, affects activities
Poor air quality is forecast to persist into the weekend across parts of Ontario, as plumes of wildfire smoke blanket the province and prompt school boards to limit outdoor activities.
Canadians want revenge on Bernardo, but that's not how prison works: ex-official
One of the architects of the law that governs Canada's prison system says it's understandable people want revenge on killer and serial rapist Paul Bernardo, but that's not what the prison system is designed for.
Indigo founder Heather Reisman retires, almost half of board steps down
Indigo founder Heather Reisman announced she is retiring as almost half of the book retailer's board of directors steps down.
Kids and social media: Tips for developing positive habits before it's too late
With social media ever-present in modern life, figuring out when and how to introduce it to children is something every parent will have to deal with eventually. CTV's Your Morning spoke to a child-life specialist about how parents can have that conversation and be positive role models too.
'We've never seen this before': Canada's unprecedented fire season adds pressure to crews
The start to wildfire season is adding pressure to fire crews who for some have been working the last month straight to protect communities in Canada.
Sleep, don't scroll: Tips to avoid sleep procrastination
Being a 'sleep procrastinator' might not only make you grumpy the next day, it can put your health at risk. A sleep expert shares tips for making sure bedtime is shut-eye time.
Prince Harry back in court for second day of grilling over U.K. tabloid claims
Prince Harry was back in the witness box at the High Court in London on Wednesday for a second day of grilling over his allegations that British tabloids targeted him with phone-hacking and other unlawful behaviour.
WATCH
WATCH | Police chase 10-year-old driver on Michigan highway
A 10-year-old driving a stolen Buick led Michigan police on a highway chase last month, newly released video shows.
Atlantic
-
Shelburne volunteer fire chief says wildfire efforts have 'been a fight'
The chief of the Shelburne Volunteer Fire Department says the blaze near Barrington Lake, which is now classified as “held,” is unlike anything he’s ever seen.
-
IN PHOTOS: Damage, destruction left behind by Halifax-area wildfire
Halifax media outlets were given a tour of the neighbourhoods hardest hit by the Tantallon wildfire Tuesday afternoon and saw firsthand the damage and destruction left behind.
-
Irving Oil weighing its options, including the possible sale of its assets
Irving Oil says it’s undertaking a “strategic review” with an eye to its future. In a release Wednesday, the company says it’s looking at a number of options, including the sale of its assets.
Montreal
-
Canadians want revenge on Bernardo, but that's not how prison works: ex-official
One of the architects of the law that governs Canada's prison system says it's understandable people want revenge on killer and serial rapist Paul Bernardo, but that's not what the prison system is designed for.
-
Westmount nail salon targeted by suspected arson: Montreal police
Montreal police (SPVM) are investigating a case of suspected arson after a nail salon in Westmount caught fire early Wednesday morning.
-
Conservative leader says French-language law makes Quebec a 'laughingstock'
In an interview on CJAD 800 Radio, Quebec Conservative Party leader Eric Duhaime said the new measures in place related to Quebec's ammendments to the French Language Charter have made Quebec a 'laughingstock' and that phone and website messages are 'offensive.'
Ottawa
-
Special Air Quality Statement
Special Air Quality Statement | Wildfire smoke blankets Ottawa for a third day
Environment Canada has issued a special air quality statement for Ottawa, with the air quality at 10+ "very high risk" at 8;30 a.m.
-
Evacuation order extended 48 hours as Centennial Lake fire continues to burn
An evacuation order at Centennial Lake, 150 km west of Ottawa, has been extended for another 48 hours as crews continue to battle the wildfire.
-
Bank of Canada ends pause on hikes, raises policy rate by 25 basis points
The Bank of Canada raised its overnight rate by 25 basis points to 4.75 per cent on Wednesday, its first increase since pausing hikes in January.
Toronto
-
Conditions expected to worsen as wildfire smoke pushes Toronto air quality to 'high-risk' levels
The air quality in Toronto has become so polluted due to forest fires in Quebec and Ontario that strenuous outdoor activities could leave you coughing and with an itchy throat.
-
Indigo founder Heather Reisman retires, almost half of board steps down
Indigo founder Heather Reisman announced she is retiring as almost half of the book retailer's board of directors steps down.
-
Ford urges Ontarians not to light campfires as crews battle wildfires in 'full force'
Ontario Premier Doug Ford is urging everyone in the province to refrain from lighting campfires, as 52 wildfires burn across the province and smoke from fires in Quebec degrades air quality.
Kitchener
-
Waterloo region school boards cancel track meets as air quality expected to reach 'high risk' Wednesday
High levels of air pollution have developed in Waterloo region and Wellington County as smoke plumes from wildfires burning in Quebec and northeastern Ontario continue to blow into the region, Environment Canada says.
-
Plan to build tallest towers in Kitchener sees pushback at neighbourhood meeting
The plan to build what would be the tallest towers in Kitchener came under the scrutiny of those who would be living nearby.
-
Man and woman hit by SUV in downtown Guelph
A man and woman who were hit by an SUV in downtown Guelph Tuesday night remain in hospital in stable condition, according to police.
London
-
Bank of Canada ends pause on hikes, raises policy rate by 25 basis points
The Bank of Canada raised its overnight rate by 25 basis points to 4.75 per cent on Wednesday, its first increase since pausing hikes in January.
-
'Widespread smoke' prompts special air quality statement
As wildfires continue to burn in Northern Ontario and Quebec, a special air quality statement has been issued for London and surrounding areas.
-
'We are trying to get to Grand Bend': G2 driver charged after travelling 60 km/h over the speed limit
An 18 year old from Kitchener, Ont. is facing stunt driving charges after OPP clocked them allegedly speeding 150 km/h because they were 'trying to get to Grand Bend.'
Northern Ontario
-
Wildfire west of Sudbury prompts evacuation order, total active fires in northern Ont. grows to 54
A northern Ontario forest fire that started west of Sudbury on Sunday morning has grown to more than 1,000 hectares and has prompted officials to issue an evacuation order for the immediate area as the number of active fires in the region grows.
-
Bank of Canada ends pause on hikes, raises policy rate by 25 basis points
The Bank of Canada raised its overnight rate by 25 basis points to 4.75 per cent on Wednesday, its first increase since pausing hikes in January.
-
Two winning tickets sold for Tuesday's $70 million Lotto Max jackpot
Two lucky lottery ticket holders in British Columbia and Ontario will split the $70 million Lotto Max jackpot.
Windsor
-
Body of missing teen found by Windsor police
According to Windsor police, Gabrielle Vinall's body was found and identified in the Fighting Island area.
-
38 charges laid during commercial vehicle blitz
A joint forces initiative cracking down on commercial vehicles led to 38 charges throughout Essex County.
-
Driver arrested after rollover crash on Campbell Ave
Windsor police have arrested the driver and closed a section of Campbell Avenue after a rollover crash.
Calgary
-
Emergency crews called to crash on Highway 2 south of Calgary
At least one person is in life-threatening condition following a crash on Highway 2 south of the city, officials have confirmed.
-
Heat warning in place for Calgary and surrounding areas
It's going to get hot in Calgary and several other communities, Environment and Climate Change Canada is warning.
-
Bank of Canada ends pause on hikes, raises policy rate by 25 basis points
The Bank of Canada raised its overnight rate by 25 basis points to 4.75 per cent on Wednesday, its first increase since pausing hikes in January.
Saskatoon
-
Saskatoon bakery sees business rise after hiring newcomers from Ukraine
A willingness to hire newcomers to Canada has brought new business to Nestor’s Bakery.
-
Man charged with first-degree murder in Moosomin First Nation death
A 31-year-old man has been charged with first-degree murder in a death on the Moosomin First Nation.
-
Bank of Canada ends pause on hikes, raises policy rate by 25 basis points
The Bank of Canada raised its overnight rate by 25 basis points to 4.75 per cent on Wednesday, its first increase since pausing hikes in January.
Edmonton
-
Forest Heights robbery victim shot to death, case officially a homicide
The man who was killed during a robbery in Forest Heights on Monday was shot, an autopsy has confirmed.
-
'We never give up': RCMP helicopter joins search for 14-year-old boy in North Saskatchewan River
An RCMP helicopter is assisting with the search for the 14-year-old boy who went missing in the North Saskatchewan River nearly 48 hours ago.
-
Bank of Canada ends pause on hikes, raises policy rate by 25 basis points
The Bank of Canada raised its overnight rate by 25 basis points to 4.75 per cent on Wednesday, its first increase since pausing hikes in January.
Vancouver
-
Lacrosse through the ages: New Westminster Salmonbellies celebrate 135th anniversary
The pounding sounds of running on hardwood, the smash of the ball hitting the boards and the cheer of the crowd—it’s officially lacrosse season at Queens Park Arena in New Westminster.
-
$35M lottery ticket sold in Victoria, splitting $70M jackpot with Ontario winner
One lucky lottery winner in Victoria and another winner in Ontario will split the $70-million Lotto Max jackpot.
-
Industry, conservationists welcome Ottawa's delay on B.C. salmon farm transition plan
Both sides of British Columbia's contentious fish farm debate are welcoming Ottawa's move to delay a decision on a planned transition from open-net salmon farms in the province's coastal waters.