Pubdate: Wed, 22 Nov 2006
Source: Vancouver 24hours (CN BC)
Copyright: 2006 Canoe Inc
Contact:  http://vancouver.24hrs.ca/
Details: http://www.mapinc.org/media/3837
Author: Kathleen Harris, Sun Media
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)
Bookmark: http://www.mapinc.org/find?224 (Marijuana and Driving)

IMPAIRED-DRIVER CRACKDOWN

OTTAWA -- The Conservative government is beefing up penalties for 
drunk drivers who kill or maim and cracking down on motorists who 
smoke weed before getting behind the wheel.

Critics said the proposed blood or urine tests that will be used to 
nab drug-impaired drivers are too intrusive and won't pass 
constitutional muster, but Justice Minister Vic Toews insisted it's a 
"minimal intrusion" that's justified under the Charter of Rights and 
Freedoms. Similar measures have been in place for years in other 
jurisdictions like the U.S., he said.

"We are very pleased to be bringing this kind of tool forward for the 
police to use in our jurisdiction," he said.

But NDP MP Joe Comartin said there is no standardized measure for 
impairment for marijuana or other drugs -- and that will make it 
difficult for any charge to win a conviction in court.

Liberal Leader Bill Graham agrees with the "thrust" of the bill, but 
wants to give it careful study to determine if it would withstand a 
charter challenge.

The Conservative bill outlines a series of measures to determine drug 
impairment, including a roadside test by police officer followed by 
an examination at the police station by an officer specially trained 
to recognize signs of drug use. The final step is a followed by a 
demand for a blood or urine sample.

The bill also increases the sentence to life in prison for 
alcohol-impaired driving causing death, and to 10 years for causing 
bodily harm. The fine for a first offence of simple impaired driving 
would increase to $1,000 from $600, and jail terms for second and 
third offences would increase to 30 and 120 days from the previous 14 and 90.

MADD Canada CEO Andrew Murie applauded the measures and said Canada 
lags far behind other countries in tackling impaired driving. 
Drug-impaired drivers are now responsible for about 10% of all fatal 
road crashes, and he believes new laws will act as a deterrent.

But Ottawa defence lawyer Mark Ertel said laws are already on the 
books outlawing driving while impaired by drugs or booze.

"We have a government that wants to make everything an offence -- 
this is just politically expedient," he said. 
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MAP posted-by: Richard Lake