OTTAWA - The federal government is mulling over the idea of allowing random breathalyzer tests.
The Justice Department has posted a discussion paper on its website, noting that breath-testing provisions in the Criminal Code are now 40 years old.
It's one of a number of ideas contained in the discussion document, which also includes a proposal to increase penalties for repeat offenders.
The government is acting on a report from a Commons committee that suggested random testing last year.
The government notes that in some European countries, Australia and New Zealand police can require motorists stopped at roadside checks to submit to testing.
Last fall NDP Leader Jack Layton indicated he would support such tests.
But civil libertarians oppose such laws, concerned that giving police the power to act randomly would be a violation of a person's right to protection against unreasonable search and seizure.
The government discussion paper is giving groups and the public until April 30 to weigh in on the issue.