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Tories' Drug Bill Violates Basic Civil Liberties
Pubdate: Wed, 02 May 2007
Source: Montreal Gazette (CN QU)
Copyright: 2007 The Gazette, a division of Southam Inc.
Contact: http://www.canada.com/montreal/montrealgazette/
Details: http://www.mapinc.org/media/274
Author: Lawrence Greenspon and David D'Intino
Note: Lawrence Greenspon is a defence lawyer and past president of the
Defence Counsel Association of Ottawa.
Note: David D'Intino is a criminology graduate from the University of
Ottawa, specializing in criminal law and crime prevention.
TORIES' DRUG BILL VIOLATES BASIC CIVIL LIBERTIES
C-32 Panders To Conservative 'More Law Means Order' Mentality
Picture this: Your 19-year-old daughter is pulled over by police on
suspicion of impaired driving. She is tested for "physical
co-ordination," then taken to a police station where she is required
to submit urine and blood samples. The test results indicate the
presence of marijuana in her urine, although it cannot be ascertained
when the drug was consumed or whether she was only exposed to the
smoke - remember Ross Rebagliati?
Nevertheless, she is subsequently charged with driving while impaired
by drugs. If convicted, she loses her licence for at least one year
and receives a criminal record.
Sound far-fetched? Under Bill C-32 it isn't. Bill C-32, tabled
recently by the federal Tory government, proposes new, highly invasive
and unproven drug tests for impaired drivers and proposes new
penalties for such behaviour - at the expense of common sense and
civil liberties.
Bill C-32 is based upon the results of a number of studies, in
particular one conducted by the Traffic Injury Research Foundation.
The TIRF report is based largely on public opinion and a collection of
scientific articles on the relationship between drugs and traffic
accidents. The report suggests almost 90 per cent of survey
respondents believed drug-impaired driving was a very serious or
extremely serious problem. The report also claims the incidence of
drug use in motor vehicle accidents is on the rise.
Taken at face value, the TIRF report appears to be an overview of
compelling science, but on closer inspection the opposite becomes
apparent. The articles that were used to compile the TIRF report are
marred by poor methodology, frequent misquotes, and provide
conclusions that are unsupported by the evidence.
Saliva and breathalyzer tests are of no use in detecting the presence
of drugs in a body. Blood is the ideal substance, followed by urine.
However, neither blood nor urine tests can demonstrate actual
impairment of functioning. Neither can pinpoint when the drug was
consumed, and in the case of marijuana, the active ingredient THC can
be detected in urine and blood samples for weeks after
consumption.
How many people actually drive while impaired by drugs? No one
actually knows for sure, although self-report studies indicate less
than two per cent of all drivers drive under the influence of
marijuana. The problem with that estimate is that it is difficult to
separate those who drive stoned from those who drive stoned and drunk.
That in turn complicates the answering of the key question: What
effect (if any) does marijuana consumption actually have on drivers?
The answer again is variable, because it depends on the quantity and
quality of the drug consumed, how soon after consumption one drives,
and how each person reacts when under the influence of marijuana.
Studies have shown confounding results - some studies find a slight
impairment, while in one study, marijuana users were actually less
likely to be involved in crashes than non-smokers. This study appeared
in the TIRF report, but inexplicably, was not addressed.
Despite the superficial attractiveness, we should resist the urge to
create a whole new, highly invasive legislative regime to deal with a
rare occurrence on the basis of questionable science. Such a scheme
will divert resources from enforcing other traffic laws, especially
drunk-driving laws.
This proposed law is part of the government's continuing effort to
pander to the "more law means order" mentality. Before we let it
happen, there should be strong scientific proof that there is a problem.
Lawrence Greenspon is a lawyer and past president of the Defence
Counsel Association of Ottawa. David D'Intino is a criminology
graduate from the University of Ottawa.
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MAP posted-by: Derek