Pubdate: Sat, 5 Jul 2008
Source: Globe and Mail (Canada)
Copyright: 2008 The Canadian Press
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Maria Babbage, Canadian Press

WORRIED ABOUT BACKLOG, PROVINCE WON'T TEST MOTORISTS FOR DRUGS

Ontario won't immediately be testing blood, urine or saliva samples 
taken from motorists suspected of driving while high, which critics 
warn is stripping police of important new powers that would help them 
stop impaired drivers.

The government-run centre responsible for the testing isn't accepting 
any samples under new federal rules - which came into effect 
Wednesday - because the province is worried it will overburden the system.

"As the projected workload will exceed current capabilities, the 
Centre of Forensic Sciences will immediately discontinue acceptance 
of all submissions related to the Drug Evaluation and Classification 
program until the necessary capabilities are developed," said a memo 
sent to Ontario Provincial Police by a top bureaucrat at the Ministry 
of Community Safety and Correctional Services.

The memo, sent Monday, was circulated by the Ontario Progressive 
Conservatives, who said they received it from the federal Conservatives.

The new rules - passed in February as part of the Conservatives' 
crime omnibus legislation Bill C-2 - impose tougher penalties for 
impaired driving and make it illegal to refuse a roadside sobriety test.

Police can also compel suspected drug-impaired drivers to give a 
blood, urine or saliva sample for analysis, which drivers could 
previously refuse.

The Ontario government is sending the wrong message to impaired 
drivers who are getting away with a serious crime, said Margaret 
Miller, national director of Mothers Against Drunk Driving Canada.

"Why was it left so late? Why is this concern just coming out now?" 
she said in an interview from Shubenacadie, N.S.

"It's very unfortunate because it sends a signal out there that 
impaired driving isn't a priority for them. If there was all of a 
sudden a rush on sexual assault cases, would they stop doing the testing?"

If samples aren't tested, the police won't have the evidence they 
need to put impaired drivers behind bars, said provincial 
Conservative Garfield Dunlop.

"I think the Ontario government has dropped the ball on this badly," 
he said from Midland, Ont.

"They should have identified this a long time ago, back in early 
March or April, and said we wouldn't be able to handle it at that time."

The OPP already has officers who can administer the tests but others 
are still being trained, said spokesman Sergeant Pierre Chamberland.

He would not speculate on how the move will affect potential 
prosecutions of drug-impaired drivers.

"It's a work in progress and eventually everything will fall into 
place and it will just become a standard practice that we incorporate 
in everyday policing," he said.

The Centre for Forensic Sciences will still accept samples in 
"serious" cases, said Laura Blondeau, a spokeswoman for Minister of 
Community Safety and Correctional Services Rick Bartolucci.

"We fully support Bill C-2, but police need specific training and 
equipment to fully implement that legislation, so this has financial 
and human resource implications for the province," she said.

"We're hoping that the feds will support these efforts with 
appropriate funding."

Ottawa hasn't allocated "one cent" to implement new provisions under 
Bill C-2, which Ontario estimates will cost nearly $18-million over 
the next four years, Ms. Blondeau said. The lion's share is needed by 
the testing centre for more staff, training and equipment.

The province notified Ottawa last November that it would need at 
least 18 months to prepare to implement the new rules, because of 
"significant operational, capacity and resources challenges," she said.

Quebec also indicated that it faced similar challenges because it 
also has its own provincial police force, she said.

Justice Minister Rob Nicholson said he is disappointed that the 
province has suspended testing, which will "diminish the safety of 
Ontarians," said spokesman Darren Eke. 
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MAP posted-by: Richard Lake