Pubdate: Tue, 21 Oct 2003
Source: Toronto Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership.
Contact:  http://www.canoe.com/NewsStand/TorontoSun/home.html
Details: http://www.mapinc.org/media/457
Author: Isabelle Rodrigue

OTTAWA PROPOSES LEGAL CHANGES TO ALLOW DRUG-TESTING OF DRIVERS

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 by 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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MAP posted-by: Beth Wehrman