Reforming Canada's new drug-impaired driving law: the need for per se limits and random roadside screening

Unfortunately, the 2008 Criminal Code amendments, which authorized Canadian police to demand Standardized Field Sobriety Tests and Drug Recognition Evaluations, have not had their desired effects. The measures have proved to be costly, time-consuming and cumbersome, and are readily susceptible to challenge in the courts. Accordingly, the charge rates for drug-impaired driving remain extremely low. To review alternative enforcement models for drug-impaired driving that have been adopted in other jurisdictions, and to recommend a model that will improve apprehension and conviction rates and thereby deter drug-impaired driving. The model must be consistent with Canada’s social, political and constitutional frameworks. Canada should adopt a system of random roadside saliva screening, similar to the model used in Victoria, Australia. For drivers who test positive, more sensitive evidentiary testing should be conducted at a police station, after the driver has been afforded the right to counsel. The 2008 Criminal Code amendments were an important first step, but will not significantly improve apprehension or conviction rates for drug-impaired driving. It is preferable to set per se limits for the most commonly-used drugs, enforceable through a system of screening and evidentiary tests. This will be more efficient and cost-effective, and will result in more reliable evidence for criminal trials. Although this system will inevitably be subject to constitutional challenge, existing case law suggests that it should be upheld as a reasonable limit on constitutional rights.

• Record URL:
  • http://www.icadtsinternational.com/files/documents/2013_110.pdf
• 
• Authors:
  • Chamberlain, E
  • Solomon, R
  • Murie, A
• Conference:
  • International Conference on Alcohol, Drugs and Traffic Safety (T2013), 20th, 2013, Brisbane, Queensland, Australia
• Publication Date: 2013-8

Language

• English

Media Info

• Pagination: 635-42
• Monograph Title: 20th International Conference on Alcohol, Drugs and Traffic Safety Conference Proceedings, 25-28 August 2013, Brisbane Convention and Exhibition Centre, Brisbane, Australia

Subject/Index Terms

• TRT Terms: Drivers; Drugged drivers; Drugs; Law enforcement; Legislation; Medical examinations and tests; Roadside; Saliva; Tests
• Uncontrolled Terms: Safe systems (road users)
• Geographic Terms: Canada
• ATRI Terms: Drug driving; Law enforcement; Legislation; Roadside; Saliva test
• ITRD Terms: 1534: Enforcement (law)
• Subject Areas: Highways; Security and Emergencies; I83: Accidents and the Human Factor;

Filing Info

• Accession Number: 01500791
• Record Type: Publication
• Source Agency: ARRB
• Files: ITRD, ATRI
• Created Date: Dec 5 2013 8:48AM