Pubdate: Thu, 22 Nov 2012
Source: Western News (CN ON Edu)
Copyright: 2012 Western News
Contact:  http://communications.uwo.ca/westernnews/
Details: http://www.mapinc.org/media/4059
Author: Paul Mayne

STUDY CALLS FOR DRUG-DRIVING CRACKDOWN

Drug-impaired driving is a growing problem in Canada that remains
dramatically under-enforced and, if enforced at all, is
time-consuming, unwieldy and fails to identify the vast majority of
drug-impaired drivers, according to a study released by Western
Faculty of Law professors.

Studies show driving after drug use is more prevalent among some young
people than driving after drinking - 39.8 per cent of 15-24 year olds
reported driving within two hours of using cannabis during the last
year compared to 20.9 per cent who reported driving under the
influence of alcohol.

"It is surprising that so many young people are driving after drug use. 
This generation has been told about the dangers of drinking and driving 
for a long time, and that they understand," said Erika Chamberlain, 
Western Law associate dean (academic), who along with fellow Western Law 
professor Robert Solomon, released, Drug-Impaired Driving in Canada: 
Review and Recommendations for MADD Canada.

"They don't have the same understanding of the risks with driving
after using drugs. Perhaps they don't see it as risky. Young people
think they'll be caught if they drink and drive, but not so much for
drugs. They are used to RIDE programs, but we don't have the same
enforcement mechanism for drug-impaired driving, and that's what we're
trying to change."

The study recommends the Canadian government should work toward
introducing roadside saliva screening to test for the most
commonly-used drugs.

While 800 law enforcement officers across Canada are trained for Drug
Recognition Evaluation (DRE), only about 500 are active. Chamberlain
said it's a long, cumbersome and expensive process - requiring close
to 130 hours of training and costing $17,000 per officer. Because of
those barriers, Australia and a number of European countries are
moving to saliva testing instead of using the DRE method.

Similar to a roadside breathalyser test for alcohol, the saliva test
results would not be admissible in court, but would act as a screening
mechanism that would precipitate further testing by police.

"They have been doing this in Australia for a while and it takes just
a few minutes," Chamberlain said.

With the ability to test for THC (marijuana), ecstasy,
methamphetamines - and using an absorbent collector placed in the
mouth or touching the tongue - an officer can test for a positive
result in less than five minutes. These tests will not detect the
presence of legally prescribed drugs or common over-the-counter
medications.

While a positive saliva test in Australia results in an immediate
charge, Chamberlain said it might be a bit more complex here.

"I think the problem in Canada, because of our Constitutional
structure you run into, is 'yes' you're positive, but our criminal
offence is driving while your ability is impaired. The fact you test
positive doesn't necessarily mean that your ability is impaired," she
said. "We would need more research in terms of what the limit is to
be. Yes, positive for marijuana, but what sort of concentration?"

Like most changes to enforcement practices, Chamberlain expects the
idea of random stopping of drivers and arbitrarily testing their
bodily fluids for drugs will undoubtedly give rise to challenges under
the Charter of Rights and Freedoms.

Given the negative policy implications of a zero-tolerance law in
Canada, the study said it is preferable to establish per se limits.
This would allow the government to target specific, commonly used
drugs, and would establish a more rational link between drug use and
impairment of driving-related skills.

Like the .08 per cent blood alcohol concentration per se limit for
driving, this would require defining a level at which a typical
driver's skills would be impaired by a given drug.

While there may be hundreds of DRE officers trained to spot
drug-impaired drivers on our roads, it is not translating into charges
being laid, according to the study.

The number of drug-impaired driving charges in 2010 (915) constituted
only 1.4 cent of the total impaired driving charges laid (65,183).
While the total number of persons charged with a drug-impaired driving
offence did increase by almost 15 per cent from 2009 to 2010, it is
not clear if this trend will continue.

Chamberlain added even if drug-impaired driving charges tripled, it
would still constitute less than 5 per cent of the total impaired
driving charges laid in Canada.

Only six provinces/territories have enacted specific short-term
administrative sanctions for drug-impaired driving in the absence of a
Criminal Code charge, while two others have enacted general
administrative sanctions for drivers who fail a Standard Field
Sobriety Test or refuse to take the test.

Ontario, Prince Edward Island, Nova Scotia, New Brunswick and Quebec
still have no drug-related administrative program on the books.

Drug-impaired driving is an area where technology is constantly
advancing. It is likely the accuracy and affordability of
drug-screening tests will improve rapidly, and the Canadian government
should take advantage of these technological improvements, Chamberlain
said.

"They do need to change that message," she said. "The more likely it
is people are going to get caught, the more they will think they will
get caught, and that's what creates that deterrent affect."
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MAP posted-by: Matt