Link: http://blog.legalaction.ca/impaired-driving-law-amendments-call-for-drug-testing/#more-101

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Industry News Philip Alexiu

As the National Post reported last month, the federal government has finally set a new law in motion that will take aim at drivers on drugs, in an effort to curb impaired drivers under multiple substances. From the article:

OTTAWA - Drivers who get behind the wheel while high on drugs will face roadside testing and they could be ordered to surrender urine, blood or saliva samples at the police station under a controversial new law that takes effect one week from today.

Drivers who refuse to comply will be subject to a minimum $1,000 fine — the same penalty for refusing the breathalyzer.

The new measures, which grant police more power to administer drug tests, comes after Mothers Against Drunk Drivers (MADD) and other groups advocated for changes in Canada’s Criminal Code.

The new law may have spurred a contentious response however, as drug tests from blood and urine samples may reveal that illicit drugs have been taken, but cannot indicate that the user was impaired at the time of driving. What kind of charges can be laid in the light of such evidence may be an issue for intense debate in courtrooms across Ontario.

A police officer would have to propose drug tests after noticeable impairment and may even have to see the drug being taken by the driver to have a sound case against the accused. Car searches may also be subject to future controversy.

Beginning July 2, drivers suspected of being high will be required to perform physical tests at the side of the road, such as walking a straight line. If they fail, they will be sent to the police station for further testing by a trained “drug recognition expert” and then be forced to give blood, urine, or saliva samples if they flunk the second test as well.

Critics say the new law could cause more problems that it solves, particularly because there is no reliable scientific test to detect drug use. Also, while there is a measurable link between blood alcohol levels and driving ability, research is lacking to equate drug quantity and impairment.

Another potential problem in testing bodily fluids is that they can detect marijuana smoked several days or months earlier and the effect has worn off.

The laws’ impact on road safety will surely be under intense scrutiny in the coming weeks, as summer holidays and activities see drivers indulge in recreational drug and alcohol use. Finding clear evidence of impairment will be a challenge for police and may rely on the presentation of physical materials found at the scene to hold up in court.

Keep coming to Legal Action Blog to get more updates on this new law and feel free to leave your comments below. We are happy to answer your questions and concerns. Keep in mind that we will be screening all the comments before posting them, to check for confidentiality concerns.