Section 1 doesn't even require the every-five-years bit, the violation just needs to be "demonstrably justified in a free and democratic society". Drinking and

Section 1 doesn't even require the every-five-years bit, the violation just needs to be "demonstrably justified in a free and democratic society". Drinking and driving laws and traffic checkstops, for example, fall under this; there's no evidence that a crime as been committed or any probable cause at all at the moment you're being temporarily detained, and it's a crime to refuse to provide a road-side breath sample. Both of these have been assessed by the SCC and determined to, yes, be charter violations, and yes, perfectly ok because they're justified in a free and democratic society.