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Pubdate: Mon, 23 Feb 2004 Source: Ottawa Citizen (CN ON) Copyright: 2004 The Ottawa Citizen Contact: http://www.canada.com/ottawa/ottawacitizen/ Details: http://www.mapinc.org/media/326 Author: Janice Tibbetts Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving) Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) NEW LEGISLATION TO ALLOW POLICE TO CONDUCT ROADSIDE TESTS FOR DRUG-IMPAIRED DRIVERS OTTAWA - Police could nab drug-impaired drivers by conducting roadside checks followed by further probing at the police station under a new drugged-driving bill. Irwin Cotler, the Justice Minister, is expected to table the legislation this winter or early spring in tandem with plans to decriminalize marijuana possession. "It's part of an overall approach to an anti-drug strategy," Mr. Cotler told the Ottawa Citizen. The drugged-driving bill is considered to be one of Mr. Cotler's top priorities in this parliamentary session, which is already crammed with several other justice initiatives that did not pass during the government of former prime minister Jean Chretien. While it is illegal to drive while under the influence of drugs, there has been no reliable test for measuring drug impairment. Unlike drunk driving, in which there is a measurable link between blood alcohol levels, as measured by a Breathalyzer, and driving ability, research is lacking to equate drug quantity and impairment. Under a federal plan outlined in a discussion paper, the government would train police officers across Canada to become experts in recognizing physiological symptoms of impairment and then allow them to conduct physical tests at the roadside. If a suspect fails -- and it is determined he or she is not impaired by alcohol -- police could proceed to the next stage, saliva testing. The procedure could then move to the police station, where police could demand blood or urine samples. Mr. Cotler would not divulge details of his legislative proposals, but he said they will be related to a public consultation that the Justice Department conducted last fall. However, lawyers say the federal proposals are overly intrusive and they give police too much leeway. They say this will virtually guarantee a barrage of Charter of Rights court challenges. The Canadian Bar Association, in a submission to the government, advocates developing more solid and objective tests for a couple of drugs -- along with a legal limit -- instead of trying to create a questionable one-size-fits-all testing scheme. "The opposite view is that there would be so few drugs that you could have that agreement on threshold that you wouldn't necessarily be moving ahead very far," countered Hal Pruden, a Justice Department lawyer. The Justice Department, however, concedes there are problems with its proposals. "Drugs, unlike alcohol, are often extremely difficult to link to a particular concentration level that will cause impairment in the general population of drivers," the discussion paper says. "Moreover, analysis for some drugs in certain bodily fluids may simply indicate drug use many days, or even months, in the past." The bar association cautions against rushing into legislation. But police and Mothers Against Drunk Driving say drug-impaired driving must be addressed before Ottawa decriminalizes marijuana possession, which could happen in the next month or so. "To not move forward with amendments because of Charter of Rights challenges is not an argument," says a joint submission from MADD and several police groups. "We anticipate challenges and we strongly believe that the court will side with the overriding concerns for public safety." Police currently rely on a driver's behaviour and witness testimony to determine drug use. There are officers in British Columbia who are trained to administer roadside tests, but there is no law that forces drivers to comply. Also, drug-impaired driving charges usually do not stick. Last year, for instance, former Ottawa lawyer Rick Reimer, who is legally permitted to smoke marijuana to treat multiple sclerosis, was acquitted of impaired driving, even though he was smoking a joint when police pulled him over. The judge said there was not enough evidence to prove beyond a reasonable doubt that Mr. Reimer was impaired. - --- MAP posted-by: Jay Bergstrom