Pubdate: Wed, 22 Nov 2006
Source: London Free Press (CN ON)
Copyright: 2006 The London Free Press
Contact:  http://www.lfpress.com/
Details: http://www.mapinc.org/media/243
Author: Kathleen Harris, Free Press Parliamentary Bureau
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

BLOOD, URINE TEST PROPOSED TO CATCH IMPAIRED DRIVERS

OTTAWA - The Conservative government is beefing up penalties for
drunk drivers who kill or maim and cracking down on motorists who
smoke weed before getting behind the wheel.

Critics said the proposed blood or urine tests that will be used to
nab drug-impaired drivers are too intrusive and won't pass
constitutional muster, but Justice Minister Vic Toews insisted it's a
"minimal intrusion" that's justified under the Charter of Rights and
Freedoms. Similar measures have been in place for years in other
jurisdictions, such as the U.S., he said.

"We are very pleased to be bringing this kind of tool forward for the
police to use in our jurisdiction," he said.

But NDP MP Joe Comartin said there is no standardized measure for
impairment for marijuana or other drugs -- and that will make it
difficult to win a conviction in court.

Liberal Leader Bill Graham agrees with the "thrust" of the bill, but
wants to give it careful study to determine if it would withstand a
charter challenge.

The Conservative bill outlines a series of measures to determine drug
impairment, including a roadside test by a police officer followed by
an examination at the police station by an officer trained to
recognize signs of drug use. The final step is a followed by a demand
for a blood or urine sample.

The bill increases the sentence to life in prison for alcohol-impaired
driving causing death, and to 10 years for causing bodily harm. The
fine for a first offence of impaired driving would increase to $1,000
from $600, and jail terms for second and third offences would increase
to 30 and 120 days from 14 and 90.

MADD Canada chief executive Andrew Murie applauded the measures and
said Canada lags other countries in tackling impaired driving.

But Ottawa defence lawyer Mark Ertel driving while impaired by drugs
or booze is already illegal.

"We have a government that wants to make everything an offence. This
is just politically expedient," he said.
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MAP posted-by: Derek