A Manitoba truck driver is mounting a constitutional challenge against a provincial law that led to his licence suspension after police said he refused a breathalyzer test. Balwinder Bassi, who was pulled over in November 2022, blew into the device multiple times but failed to register a result. Despite pleading for further attempts, officers concluded he was not cooperating and charged him under Manitoba’s Highway Traffic Act.
Represented in court by independent MLA and lawyer Mark Wasyliw, Bassi claims the review process at Manitoba Public Insurance (MPI) was unfair and unconstitutional. Wasyliw argued the system relies heavily on unsworn police notes, denying individuals a proper chance to defend themselves, especially without cross-examining officers or having their testimony adequately weighed.
Wasyliw highlighted Bassi’s limited English proficiency and the absence of corrective guidance from officers, arguing the hearing ignored Bassi’s testimony in favor of unchallenged police reports. He said the law predetermines guilt and must be rewritten to ensure fairness.
Crown attorney Michael Bodner countered that Bassi’s rights were not violated, stating there was no request to cross-examine during the MPI hearing and Bassi had the option to present sworn evidence, which he declined.
Justice Shauna McCarthy has reserved her decision.
Source: Swifteradio.com
