The Reminder is making its archives back to 2003 available on our website. Please note that, due to technical limitations, archive articles are presented without the usual formatting.
Justice Minister Irwin Cotler has announced that federal legislation on drugged driving may be forthcoming. The government wants to train police to recognize the symptoms of impairment so they can conduct roadside tests and then proceed where appropriate to saliva, urine or blood testing. "This is a much bigger and more complicated issue than most people realize," says Canada Safety Council president Emile Therien. "A variety of legal and illegal substances fall under the category of 'drugs.' First we have to establish criminal impairment levels for all possible drugs, likely including medications." In 2002, the European Community initiated related research on cannabis. Results of the EU study, expected within the next two years, may provide a much-needed basis for legislation. Next, according to Therien, there must be approved tools to measure those levels, and police must be trained to use those tools. "A physical roadside test would not likely stand in court. That's why testing a body fluid is also necessary." However, some drugs can be detected in the body long after their effect has worn off. For example, THC (the active ingredient in cannabis) can be detected in the body for up to four weeks, although its impairing effects do not last. Legislation that will effectively address drug-impaired driving appears to be a very complex long-term goal. Yet immediate action is needed to protect the public. Therien says the Canada Safety Council takes the position that the priority must be public safety and not simply criminal sanctions. Administrative licence suspensions (now used in most provinces for drivers with lower blood alcohol counts) remove potentially dangerous drivers from the road. They provide a stern and effective warning without the punitive lifetime consequences of a criminal record and a costly criminal court case. Rather than letting drug-impaired drivers continue to endanger the public, Therien thinks action should be taken outside the Criminal Code. The Canada Safety Council has urged provincial and territorial governments to consider imposing administrative licence suspensions on drivers who have been using cannabis. Police with reason to believe a driver's ability is being adversely affected by any drug (legal or illegal) should have authority to suspend that driver's licence under provincial highway traffic safety acts.
