On April 13, the Government of Canada introduced legislation ‘to legalize, strictly regulate and restrict access to cannabis.’ Assuming the legislation passes, Canada will become ‘the largest developed nation to end marijuana prohibition,’ the BBC reports.
Alongside the highly publicized marijuana legislation, Federal Justice Minister Jody Wilson-Raybould announced significant changes to Canada’s impaired driving laws. The new rules will expand officers’ ability to demand roadside tests and impose harsh penalties on drug-impaired drivers. If you have questions about the implications of these changes, contact a Nanda & Associate criminal lawyer for more information.
Roadside testing
Justin Trudeau’s Liberal Party has faced consistent criticism for its drive to legalize recreational cannabis in Canada, and a potential surge in impaired driving is a recurring theme. To ease these feats, the government is assigning expanded roadside testing powers to law enforcement. If the new legislation passes, officers will be able to demand saliva samples from drivers they suspect are drug impaired and breathalyzer tests from any driver they lawfully pull over.
While the efficacy of breathalyzer testing is widely accepted by law enforcement and almost every criminal lawyer, no such consensus has been established for roadside tests. Indeed, the United States’ National Institute on Drug Abuse has yet to identify an adequately reliable tool for measuring levels of marijuana intoxication. Under the government’s new impaired driving provisions, a positive roadside test would likely lead to further testing, perhaps through blood samples. The legislation avoids recommending any specific testing device.
Harsh penalties
Minister Wilson-Raybould’s proposed changes set out three levels of drug-impaired driving offences:
- – Drivers found to have between two and five nanograms of THC per millilitre of blood face a maximum fine of $1,000.
- – Drivers found to have more than five nanograms of THC per millilitre of blood, or who have mixed alcohol and marijuana, face a fine and potential jail time.
- – More serious offences could result in up to 10 years in prison.
A knowledgeable criminal lawyer can further explain these penalties, if necessary.
While Wilson-Raybould called the bill “one of the strongest impaired-driving pieces of legislation in the world,” the CBC pointed out that the European Union imposes a limit of one nanogram of THC per millilitre of blood; the United Kingdom has a limit of two nanograms; and both Australia and the United States enforce strict zero tolerance policies.
Reaction
“Impaired driving is the leading cause of criminal death and injury in Canada,” said Bill Blair, a former Toronto Chief of Police and current Liberal MP who Prime Minister Trudeau has charged with leading legalization efforts. “In order to further protect Canadians, our government has committed to creating new and stronger laws to punish more severely those who drive while impaired by cannabis, alcohol and other drugs.”
Members of the opposition have questioned how effective the government’s proposed rule changes will be, however.
“Public safety officials at all levels of government have outstanding concerns about how to implement marijuana legislation and how to manage the costs associated with it,” said Erin O’Toole, a Conservative Party leadership candidate, in a release. “Of great concern, Trudeau has not addressed the fact that there are no proven, reliable tests yet available for determining impairment from marijuana use.”
If you have questions or concerns about the Liberal government’s marijuana legalization efforts or its new impaired driving legislation, contact Nanda & Associate today to speak with an experienced criminal lawyer. They can help you better understand the implications of the laws and advise you on any legal concerns you may have.
