Pubdate: Wed, 22 Oct 2003
Source: Globe and Mail (Canada)
Copyright: 2003, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Isabelle Rodrique

OTTAWA OUTLINES PROPOSALS ON DRUG TESTS FOR DRIVERS

OTTAWA -- The federal government is preparing to respond to provincial
demands by enacting laws that would allow police to test drivers for drugs,
according to a government document.

The consultation paper, obtained by The Canadian Press, says the amended
legislation would allow police to administer the tests to motorists
suspected of being impaired by drugs.

The paper, to be released today, outlines changes that have been sought for
years by the provinces and police forces. The paper will be distributed to
the provinces, territories and various associations, which have one month to
respond.

The Justice Department has outlined several options to allow officers to
administer the drug tests and gather evidence for possible criminal charges.
The suggested changes would establish a legal drug limit, the possibility of
providing urine, blood or perspiration samples, and penalties for refusing
to comply.

Although it's illegal in Canada to drive while impaired by drugs or alcohol,
there's no quick roadside test for drug use -- unlike alcohol consumption,
which can be measured on the spot by a breath test.

Under current laws, police officers can only ask drivers whether they have
used drugs, but cannot administer a test.

"If the police officers haven't received specific training about evaluating
the effect of drugs, this task can be nearly impossible to accomplish," said
the document.

The task isn't any easier for trained officers because a suspect can refuse
to volunteer for a drug test. No law exists to force someone to take a test.

Mothers Against Drunk Driving denounced the consultation paper, saying
Justice Minister Martin Cauchon has pushed for the decriminalization of
marijuana while failing to enact measures to discourage drug-impaired
driving.

"A consultation document doesn't save lives," said Louise Knox, president of
MADD Canada.

"Ottawa must send a clear message that it takes these things very seriously
before even thinking about passing a law on decriminalization."

The consultation paper also raised the possibility motorists might challenge
the mandatory drug tests in court.

"The legislative proposals are vulnerable to attack under the Charter of
Rights and Freedoms," suggested the document.
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MAP posted-by: Josh