Pubdate: Mon, 05 May 2014 Source: StarPhoenix, The (CN SN) Copyright: 2014 The StarPhoenix Contact: http://www.canada.com/saskatoonstarphoenix/letters.html Website: http://www.canada.com/saskatoonstarphoenix/ Details: http://www.mapinc.org/media/400 Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving) Page: A8 DRIVING CHARGES ON DRUGS DICEY Given Saskatchewan's dubious distinction of being a national leader with a rate of impaired driving fatalities that's more than three times the Canadian average, the Traffic Safety Act changes in June that will adopt zero tolerance for drug or alcohol use by novices behind the wheel is laudable. Although further provisions that will subject all drug-impaired drivers to the same sanctions as alcohol-impaired drivers - such as roadside licence suspensions and vehicle impoundment - also are in keeping with the spirit of protecting the public as well as the drivers themselves from the consequences of their actions, SGI could be creating a lot of business for lawyers on cases that end up being tossed out of court. No one can disagree with the message sent by including drug impairment along with alcohol impairment as intolerable for public safety. However, given legal precedents, one can wonder whether the changes to the legislation represent some "made in Saskatchewan" approach, or whether drug impairment is an area where it's better to do further research and even adopt legal constructs from jurisdictions with longer experience in order to become an effective deterrent tool. A study by Mothers Against Drunk Driving showed that police in Saskatchewan laid 56 drug-impaired driving charges in 2012, but Saskatchewan Justice officials aren't certain whether these charges resulted in any convictions. While some drivers may have pleaded guilty and faced the consequences, at least one, Sherry Periallat, was acquitted by provincial court Judge Daryl Labach, who wasn't convinced that smoking marijuana 2 1/2 hours before driving meant she was impaired behind the wheel. He cited a 2010 Ontario court decision that acquitted an accused because, unlike alcohol impairment limits that are based on the science of breath alcohol testing, and the absorption and elimination rates related to alcohol, drug impairment does not have legally established limits. Certainly, trained drug evaluation experts such as Saskatoon police Const. Clayton Schaefer can conduct field sobriety tests that ascertain whether someone has ingested drugs such as cannabis. Although lawyer Brian Pfefferle might be going a bit too far when he suggests that such preliminary work by qualified police officers as taking pulse rates, checking for involuntary eye movements, divided attention and balance is "junk science," he has good grounds to suggest that it's impossible to say with the degree of accuracy needed to prove beyond doubt the driver is drug impaired. Mr. Pfefferle suggests the immediate sanctions provided by SGI ignore a person's presumed innocence and could over-estimate the actual impairment from drugs, especially pot - the latter point underlined by Justice Labach's ruling. What's noteworthy is that the changes to the Traffic Act are based on the August 2013 recommendations from the legislature's Special Committee on Traffic Safety. Reading its report, one gets the feeling that drug impairment was generally lumped in with alcohol, with no special consideration given to the kind of distinctions that have been raised by the courts. Legislative provisions on drug impairment built on what's proven effective elsewhere would serve Saskatchewan better, and do more than send out a strong message. - --- MAP posted-by: Jay Bergstrom