[ql06] Re: CONSITUTIONAL:Ottawa considers drug tests on drivers
- From: "Dawn Livicker" <dlivicker@xxxxxxxxxxx>
- To: ql06@xxxxxxxxxxxxx
- Date: Wed, 22 Oct 2003 16:48:37 -0400
Great, but there still remains a problem. Pot stays in the body long after
its intoxicating effects have waned... remember snowboarder Ross Rebliati
(sorry for the butchered spelling)? When testifying to the Olympic committee
about his positive test results for pot he explained he had been subjected
tosecond hand pot smoke two weeks previously. While I found this
explainationsomewhat laughable (the longer you do pot the longer it stays in
your system) this could pose a problem for the prosecution in cases where
someone had it in their system but was not intoxicated. I for one am in
favour of using the reckless driving laws for enforcement. If your driving
suffers (as studies have proven it does) while high, it should be apparent.
No need to charge you with impaired driving - just reckless driving for the
apparent effects of the intoxication. I am hopeful they will determine a way
of testing whether you are impaired or not but for now I think my idea would
work.
Dawn
----Original Message Follows---- From: Sheldon Erentzen Reply-To:
ql06@xxxxxxxxxxxxx To: QL'06 newslist Subject: [ql06] CONSITUTIONAL:Ottawa
considers drug tests on drivers 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
impairedby drugs. The paper, to be released Wednesday, outlines changes that
have been sought for years by the provinces and police forces. The paper
willbe 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
fora 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
legislativeproposals are vulnerable to attack under the Charter of Rights
andFreedoms," suggested the document, which asks for feedback from citizens
and groups.
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