Pubdate: Tue, 12 Dec 2006
Source: Daily Observer, The (CN ON)
Copyright: 2006, Osprey Media Group Inc.
Contact:  http://www.thedailyobserver.ca/
Details: http://www.mapinc.org/media/2615
Author: Anthony Dixon

BATTLE AGAINST DRUG-IMPAIRED DRIVERS MAY GET NEW WEAPON

Gallant Supports Crackdown

Renfrew-Nipissing-Pembroke MP Cheryl Gallant is solidly behind the
federal government's plan to crackdown on drug-impaired driving.

The changes to the Criminal Code of Canada were recently tabled in the
House of Commons.

They seek to give police improved powers to apprehend and test drivers
suspected of being impaired by drugs, strength the penalties to those
that drive impaired and generate awareness of the problem.

"Drug-impaired drivers are involved in an estimated one out of every
eight fatal collisions on our streets and this new legislation clearly
demonstrates that Canada's new government is prepared to take action
to prevent future incidents. The objective of this proposed
legislation is to avoid reckless deaths and injuries of innocent
people," Ms. Gallant said.

"The rationale behind this is that there is a general agreement that
drug-impaired driving represents a serious criminal justice, health
and traffic safety issue in Canada and drug users are
disproportionally involved in fatal accidents, so drug involvement
basically causes the most number of fatal accidents and a recent
survey indicated that 81 per cent of respondents agreed that Canada
needs new impaired driving laws."

The plans to amend the criminal code will make it an offence to refuse
a test for driving a car while drug-impaired, and an offence to be in
care and control of a vehicle while in possession of an illegal drug.

It will also authorize a certificate of analysis to be admissible in
court as proof of impairment. It will increases the minimum fines and
terms of imprisonment for impaired driving from $600 to $1,000 for a
first offence, 14 days to 30 days for a second offence and from 90 to
120 days for a third offence.

Police officers will be authorized to conduct roadside impairment
tests for drug impairment. If the driver fails, they will be assessed
by a drug recognition expert (a police officer specially trained to
recognized signs of impairment). This expert can authorize a test of
body fluids to be taken based on the evidence of impairment they have
found.

Pembroke Police Chief Blair MacIsaac said it is difficult to comment
on legislation that has not yet been passed, but he did say that the
problem of driving while impaired, whether by drugs or alcohol,
continues to remain a police enforcement priority.

"Impaired driving is irresponsible and dangerous, risking injuries or
worse. Additionally, the impact of a criminal charge has serious and
long-term effects for the offender," Chief MacIsaac said. "It is
essential that police prevention efforts remain a priority. Mothers
Against Drunk Driving (MADD) is an excellent partner in these efforts.

"Young people especially, must learn that driving ability is also
impaired by the use of drugs and not just alcohol. Most people would
be surprised at just how little consumption is required to cause
impairment. The best advice remains don't drink and drive, period," he
said.

Unfortunately for police, there are no roadside tests that identify
drugs a driver may have used.

"Currently, unlike alcohol, there is no such roadside device that
police officers can use to check for the presence of drugs in a
driver's system. Officers must rely on physical symptoms and other
evidence. To date, our service has not laid a charge of impaired
driving related to drugs,' Chief MacIsaac said.

Rick Reimer, a retired lawyer who currently resides near Killaloe, was
found not guilty in 2003 of drug-impaired driving.

In February 2002, he was pulled over for crossing the centre line. The
police officer noticed Mr. Reimer was smoking a joint. Mr. Reimer was
charged with impaired driving but the judge in the case found him not
guilty because he was not convinced that it was the marijuana and not
Mr. Reimer's multiple sclerosis, that had caused him to weave.

While Mr. Reimer is concerned about over impairment caused by certain
types of prescription drugs and the mix of drugs and alcohol, he
questions whether or not marijuana is a problem.

"They can't have a law for every specific substance," he argued. "In
all my years as a lawyer, much of the misery and carnage I've seen at
accidents was caused by alcohol. I can't think of single instance
where it was just marijuana. Now, marijuana and alcohol are often used
together."

Mr. Reimer who has a medical exemption to use marijuana because of his
multiple sclerosis said in his experience, people using marijuana will
overestimate their level of impairment and underestimate their driving
ability causing them to overcompensate.

"They will slow down, turn off the radio and pay more attention," he
said.
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