Pubdate: Tue, 03 Aug 2010 Source: Vancouver Sun (CN BC) Copyright: 2010 The Vancouver Sun Contact: http://www.canada.com/vancouversun/letters.html Website: http://www.canada.com/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Douglas Quan, Postmedia News POLICE STRUGGLING TO ENFORCE DRUGGED-DRIVER LAWS More resources, training needed if legislation is going to work to get impaired drivers off the road, critics say Two years after Ottawa passed a controversial law that gave police new powers to go after drugged drivers, opinion is divided over how much of a difference the law has made and whether those police powers can hold up in court. Under the law, which came into effect in July 2008, an officer who suspects a driver may be impaired by drugs can demand that the driver perform a test of their physical coordination. If the driver fails that test, the officer can compel the driver to go to the police station for a lengthier evaluation by a drug-recognition expert. At the end of that evaluation, the expert can order the driver to submit a blood, urine or saliva sample -- in much the same way police can compel someone suspected of being too boozy to drive to submit a breath sample. Refusal to comply can result in a $1,000 fine. "It's simply levelled the playing field -- to hold them accountable as we do alcohol-impaired drivers," said Ian Brooks, an acting sergeant with the Edmonton police. But while drug impaired-driving arrests last year rose to 1,394 from 441 the year before, they still accounted for only a sliver of the 88,630 total impaired-driving arrests, Statistics Canada data show. Part of the problem, critics say, is that police agencies have been too slow to train officers to become drug-recognition experts. There are now just more than 600 nationwide, with wide variations among Canada's major police forces. Police in Edmonton and Winnipeg each have 21 drug-recognition experts; Toronto police have 14; Vancouver police have 10; and Montreal police have two. Some agencies admit they struggle to have even one expert available per shift. "It's a joke," said Toronto criminal lawyer Jonathan Rosenthal. "They come out with guns blazing -- 'We're coming out hard on crime' -- but if you don't put resources into the system, it's meaningless." And while authorities say most drug-impaired driving arrests result in guilty pleas, the few cases that have gone to trial have, in at least a couple instances, resulted in acquittals -- raising questions, defence lawyers say, about the reliability of the testing. Earlier this year, an Ontario court heard the case of a man who hit a mailbox with his car and went off the road in the community of Chatham-Kent in the southwestern part of the province. Police observed the driver had droopy eyes, slow and thick speech and was uncoordinated, the court heard. A police drug-recognition expert concluded the driver was likely impaired by a central nervous system depressant, which was later confirmed by a urine analysis. But Ontario Justice Stephen J. Fuerth acquitted the driver. The judge said evidence of the driver's impairment was "far from compelling," and the Crown had failed to show beyond a reasonable doubt the drug had caused the driver to be impaired at the time he was driving. "The hurdle for the Crown in these cases is to relate back the findings of the evaluation, and the subsequent chemical analysis, to the time of the driving," the judge said in his decision. David Maslak, the defence lawyer in that case, said he thinks the science is just not there to support certain drug-impaired driving charges. "I think convictions are going to be few and far between," he said. But police and safety advocates insist the drug-evaluation program is reliable and has been used with great success for years in the United States. "When you're talking sciences, there's not a lot of room for inaccuracies," said Toronto police Sgt. Tim Burrows. "Reliability [of the tests] is very high." In those cases that resulted in acquittals, prosecutors may have needed to just do a better job of preparing their evidence and calling the right experts, said Doug Beirness, senior research and policy analyst at the Canadian Centre for Substance Abuse, which supported the legislation. Beirness and other safety advocates say drug-impaired driving has been ignored for too long and is far more prevalent in society than most people think. In 2008, the centre oversaw a roadside survey of 1,500 drivers in B.C., which found that 8.1 per cent had been drinking and 10.4 per cent tested positive for drug use. Cannabis and cocaine were the most common drugs. While the presence of drugs doesn't necessarily imply impairment, "it is likely that most drivers who tested positive were affected to some degree by the substance, thereby increasing the risk of adverse consequences to themselves and other road users," Beirness wrote in an article summarizing the findings. Gregg Thomson, an Ottawa-area board member of Mothers Against Drunk Driving, said there's no doubt in his mind the new legislation has made Canadian roads safer. "We're extremely pleased with the progress so far," said Thomson, whose son, Stan, was one of five teens killed in 1999 in a chain-reaction accident caused by a 17-year-old driver who had been smoking marijuana. Drivers -- particularly young ones -- have a false perception that only alcohol can cause impairment, he said. "Education is No. 1. We have to get the word out." - --- MAP posted-by: Matt