[ql06] CONSITUTIONAL:Ottawa considers drug tests on drivers
- From: Sheldon Erentzen <sheldon.erentzen@xxxxxxxxxxxx>
- To: QL'06 newslist <ql06@xxxxxxxxxxxxx>
- Date: Wed, 22 Oct 2003 12:12:08 -0400
This article is particularly for Mark and Dawn who were having a lively
debate on Pot-related issues recently. The article raises the issue of
how we ensure pot use is responsible and safe once it is decriminalised,
which was your main question if I'm not mistaken, Mark.
[SNIP]
Ottawa considers drug tests on drivers
Canadian Press
Ottawa -- The federal government is preparing to respond to provincial
demands by enacting laws that would allow police to test drivers for
drugs, according to a government document.
The consultation paper, obtained by The Canadian Press, says the amended
legislation would allow police to administer the tests to motorists
suspected of being impaired by drugs.
The paper, to be released Wednesday, outlines changes that have been
sought for years by the provinces and police forces. The paper will be
distributed to the provinces, territories and various associations,
which have one month to respond.
The Justice Department has outlined several options to allow officers to
administer the drug tests and gather evidence for possible criminal charges.
The suggested amendments would establish a legal drug limit, the
obligation to submit to tests, the possibility of providing urine, blood
or perspiration samples and penalties for refusing to comply.
Although it's illegal in Canada to drive while impaired by drugs or
alcohol, there's no quick roadside test for drug use -- unlike alcohol
consumption, which can be measured on the spot with a breathalyser exam.
Under current laws, police officers can only ask drivers whether they
have used drugs, but can't administer a test.
"If the police officers haven't received specific training about
evaluating the effect of drugs, this task can be nearly impossible to
accomplish," said the document.
The task isn't any easier for trained officers because a suspect can
refuse to volunteer for a drug test. No law exists to force someone to
take a test.
Mothers Against Drunk Driving denounced the consultation paper, saying
Federal Justice Minister Martin Cauchon has pushed for the
decriminalization of marijuana while failing to enact measures to
discourage drug-impaired driving.
"A consultation document doesn't save lives," said Louise Knox,
president of MADD Canada.
"Ottawa must send a clear message that it takes these things very
seriously before even thinking about passing a law on decriminalization."
The consultation paper also raised the possibility motorists might
challenge the mandatory drug tests in court.
"The legislative proposals are vulnerable to attack under the Charter of
Rights and Freedoms," suggested the document, which asks for feedback
from citizens and groups.
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