Pubdate: Wed, 22 Nov 2006
Source: Daily News, The (CN NS)
Copyright: 2006 The Daily News
Contact:  http://www.hfxnews.ca/
Details: http://www.mapinc.org/media/179
Author: Jim Brown
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)

TORIES TARGET DRUG-USING DRIVERS

Gov't Resurrects Liberal Bill, With Stiffer Penalties

OTTAWA (CP) -- The federal Conservatives have brought in legislation  
to crack down on drug-impaired drivers - by resurrecting a plan first  
advanced by the Liberals, adding heavier fines and jail terms, and  
calling the result a Tory initiative.

The bill, tabled yesterday by Justice Minister Vic Toews, would also  
tighten laws against driving under the influence of alcohol, changing  
the rules of evidence to make it harder to challenge breathalyzer  
tests in court.

The main focus, however, is on those who get behind the wheel while  
high on marijuana, cocaine, methamphetamine or a variety of other drugs.

"I can't seriously see people (being) opposed to this type of  
legislation," said Toews, noting that similar measures are already in  
force in many American states.

"There is no reason why Canadians shouldn't be protected in the same  
way."

Opposition MPs insisted they need time to study the bill. Some  
predicted parts of it could be struck down by the courts as a  
violation of the Charter of Rights.

The legislation had been trumpeted in advance by Prime Minister  
Stephen Harper as another step in a broader Conservative law-and- 
order agenda.

Toews picked up the theme, posing for pictures outside the Commons  
with police, the lobby group Mothers Against Drunk Driving, and a  
family whose son was killed by a drug-impaired driver. All expressed  
support for the bill.

But Toews admitted, when pressed by reporters, that the core of his  
legislation - setting out the legal steps police must follow to prove  
drug impairment - is taken straight from a bill proposed by the  
previous Liberal government.

'Enhanced' Approach

"In that respect, it's essentially the same," said the minister.

He went on, however, to point to areas where the Tories had  
"enhanced" the Liberal approach - mainly by boosting the penalties  
upon conviction.

Under the new bill, the minimum fine for a first offence of either  
drug-or alcohol-impaired driving would be $1,000, rather than the  
current $600.

A second offence would bring a mandatory 30 days in jail, rather than  
14, and a third offence 120 days, rather than 90.

The maximum sentence would be life in prison for impaired driving  
causing death and 10 years for causing bodily harm.

No Reliable Test

Driving while intoxicated by any substance has long been illegal, but  
there is no reliable roadside test for drug impairment to match the  
breath test that measures alcohol levels.

The Tory legislation follows the Liberal model in setting standards  
that police must observe in assessing drug impairment, starting with  
a roadside test of the familiar touch-your-nose or walk-the-line  
variety.
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MAP posted-by: Jackl