DRUG CASES IN JEOPARDY

Health Canada Reviews Toronto Lab's Testing Mixup

By BRODIE FENLON -- The Toronto Sun Dozens of criminal drug convictions in
Ontario could be in jeopardy because of improper evidence testing at a
Toronto drug lab.

Health Canada is reviewing 3,500 drug sample certificates issued since 1996
by a single analyst at Toronto's Drug Analysis Laboratory -- one of six
similar labs across Canada.

The certificates are used by police as evidence in illicit drug trials.

An analyst at the Toronto lab did not follow standard procedure on at least
150 of the drug samples she tested, said Dann Michols, an assistant deputy
minister at Health Canada.

The unnamed employee has been reassigned.

"We take this particular situation very seriously. One case (of) not
following protocols is unacceptable," Michols said.

The discovery of improper tests, made March 8 when the employee went on
vacation, has wide ramifications for past drug convictions and future trials.

A retired judge has been given 30 days to recommend how the
attorney-general should handle any convictions made with the faulty evidence.

Crown attorneys have been warned not to use certificates issued by the
unnamed analyst in upcoming trials.

"Our highest priority is to identify any person currently in custody as a
result of a drug conviction or pending trial" who may be affected by the
tests, said Croft Michaelson of the justice department.

Michaelson said it's too early to know how many convictions or inmates are
affected.

"This is an extremely serious situation," said Alan Gold, president of the
1,000-strong Criminal Lawyers' Association.

"We're eagerly awaiting the judge's findings and looking for more answers."

Health Canada is checking all of its labs and will hire an independent
forensics expert to review its drug-testing procedures, Michols said.

- -- With files from Sam Pazzano