Pubdate: Sun, 02 Mar 2003
Source: Ottawa Citizen (CN ON)
Copyright: 2003 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Kelly Egan

POT CRUSADER SAYS OPP PROBE UNFAIR

Man Acquitted Of Driving Under Influence, But Police Still Asking For 
Licence Review

Rick Reimer won a landmark acquittal in January for impaired driving while 
under the influence of marijuana, but his battles with the Ontario 
Provincial Police are raging on.

After repeatedly asking, Mr. Reimer, a retired Wilno, Ont. lawyer, was 
given a copy of an OPP letter this week that urges the Ministry of 
Transportation to review his fitness to hold a driver's licence.

Citing "public pressure," OPP Const. Brad Burton, the arresting officer, 
wrote that Mr. Reimer's multiple sclerosis and his continuous use of 
marijuana for medical relief "could significantly interfere" with his 
motoring abilities.

Mr. Reimer is upset with the OPP about the letter, which he only discovered 
after a telephone call from a reporter. When he first asked Killaloe OPP 
about it, they acknowledged its existence, apologized for speaking to the 
media about it, but declined to immediately give him a copy of the 
document, dated Feb. 13.

Mr. Reimer, in a written response to the OPP, says Const. Burton does not 
make clear to the ministry that he was acquitted of the charge and that the 
court rejected the evidence of impairment. "Anyone reading this is going to 
be left with a false impression."

Mr. Reimer, 49, has a Health Canada exemption to smoke marijuana to relieve 
the impact of MS, which include an unsteady gait, slightly slurred speech 
and occasional loss of balance.

Mr. Reimer wonders whether there is a vendetta against him, particularly 
given a civil suit against the OPP he filed last September, claiming 
damages for an incident on March 27, 2002.

On that day, Mr. Reimer was making one of his first court appearances on 
the impaired driving charge, which was laid after he was pulled over on 
Feb. 11 of that year. As he openly smoked marijuana in the parking lot of 
the Killaloe courthouse, Mr. Reimer said he was accosted by an OPP 
constable and ordered to show his Health Canada exemption.

When he declined, Mr. Reimer says he was roughly and illegally arrested in 
front of a taping television crew, handcuffed and kept in a holding cell 
for 45 minutes. The ex-lawyer says he was injured during the incident, 
which he considers an assault.

Mr. Reimer further claims in his statement that the constable was acting on 
a memo from a sergeant who told officers that Mr. Reimer did not have a 
valid exemption to legally smoke marijuana and should, if found smoking, be 
treated like a non-exempt person.

Mr. Reimer says he had a valid exemption, which he was not compelled to 
produce on demand.

Mr. Reimer said yesterday he is less interested in monetary damages listed 
in the suit than taking a stand about the importance of respecting 
individual rights. "Not to put too fine a point on it, but I consider that 
I'm sort of like the litmus paper between the police and the common folk. I 
see police taking way too much for granted about their powers."

The OPP have yet to file a statement of defence, but its legal branch is 
reviewing its response. OPP spokeswoman Sgt. Kristine Cholette said that 
because the matter is before the court, she could not respond to specific 
claims made in the suit.

Mr. Reimer, 48, said that in 20 years as a criminal lawyer, he had never 
heard of a police officer writing a letter asking the ministry to review 
the abilities of a motorist. "I'm a very good driver. I can't see it as 
anything but being churlish."

When contacted by the Citizen, Const. Burton referred calls to media 
relations Sgt. Cholette.

Sgt. Cholette would not even confirm the letter was written or sent because 
she said it would be inappropriate to comment on a private citizen who is 
not a suspect or the subject of a criminal investigation.

"If he says that this is what we've done, then there's nothing I can do to 
disclaim that. He's free to talk about this. We're not."

She also said, in general, if the police have a concern about an 
individual's driving, "we will do what we think is necessary to ensure the 
safety of the public."

The sergeant also said it isn't unusual for police to send a letter to the 
Ministry of Transportation asking for a review of a driver's licence. The 
ministry is not bound to accept the advice, she added.

The Ministry of Transportation has a medical review section for licensed 
drivers. It gets mandatory reports from physicians and eye doctors, but 
also receives input from police.

The review section can follow up by seeking more information about the 
health of drivers or direct them to a provincial assessment centre where 
their physical condition and driving skills would be re-examined.

On Feb. 11, 2002, Mr. Reimer was driving down a snowy county road outside 
Killaloe on a clear morning when he was followed for several kilometres by 
Const. Burton.

The officer testified that Mr. Reimer's vehicle crossed the centre line 
several times -- in a five-kilometre section of road.

When he pulled over the ex-lawyer, Mr. Reimer was smoking a joint, one of 
10 to 12 he consumes every day.

On Jan. 8, in the absence of any evidence about the level of THC in Mr. 
Reimer's system, a judge ruled there was reasonable doubt as to his level 
of impairment. 
- ---
MAP posted-by: Keith Brilhart