LEGISLATION POWERFUL ENFORCEMENT TOOL FOR COPS

Drivers Suspected of Drug Use Face Fine for Refusing Test

A new federal law that came into effect July 2 seeks to penalize drug
impaired and alcohol impaired drivers equally.

Bill C-32 puts alcohol and drugs on equal footing for roadside checks
for impaired driving by police.

Previous to the enactment of Bill C-32, a police officer who
suspected a driver of being impaired by drugs could request that the
driver undergo voluntary testing to confirm impairment, however,
there was no penalty if the driver refused.

According to Upper Ottawa Valley OPP community services officer
Constable Beth Ethier, in the past police have successfully laid
drug-impaired driving charges, however, the new legislation certainly
will make doing so easier.

According to Const. Ethier, the Ontario Provincial Police welcomes
the legislation although it will require additional training for some officers.

"Police will now be provided with greater investigative tools to
obtain evidence from drivers who operate vehicles under the influence
of drugs," Const. Ethier said. "The OPP supports any legislation that
will help make Ontario's highways safer and get those who are
impaired, either by drugs or alcohol, off the roads."

The Canadian Centre on Substance Abuse (CCSA) stated in a press
release that rates of drug-impaired driving in Canada have been
rising for the past decade.

Because drug-impaired drivers were not penalized if they refused to
be tested, the CCSA felt some drivers took the chance of driving
while impaired by drugs because they felt they could not be caught.
The legislation now makes refusing a roadside drug test equivalent to
declining a breath test for alcohol and subject to the same penalties.

"The new legislation empowers Canadian police who suspect a driver of
being impaired by any drug, illegal, prescription or over the
counter, to conduct a field sobriety test, which is a roadside test
of physical coordination," Const. Ethier said.

The test usually involves tasks like walking heel to toe, back and
forth on a line, and maintaining balance while standing on one foot.

Should the officer judge that the driver is impaired, the driver will
be taken to the police station where he must submit to a mandatory
Drug Evaluation and Classification (DEC) assessment. This is a
12-step process that includes the driver providing a sample of blood,
saliva or urine.

The assessment takes between 45 minutes and an hour and will be
conducted by a police officer trained as a drug recognition expert.

The DEC assessment program has been operating in various areas across
the country for years, but only when drivers agreed to allow the testing.

Under the law, impaired drivers will face new penalties including a
fine of not less than $1,000 for the first offence.

A second offence will result in imprisonment of not less than 30 days
and not less than 120 days for each subsequent offence.

Impaired drivers who cause an accident can face a maximum 10-year
sentence in the case of causing bodily harm and a life sentence in
the case of causing death.

Local police forces realize there will be additional training
required for some officers but exact numbers, the costs, and
equipment requirements are still be determined.

The Pembroke Police Service said it wished to further study the
legislation before making a comment.

Chief Dave Hawkins said acting Deputy Chief Drew Mellon was looking
into Bill C-32 and that training where required would soon take place.

Attempts were made by the Observer to contact former Pembroke lawyer
Rick Reimer who was found not guilty in 2003 of drug-impaired
driving, but the attempts were unsuccessful. Mr. Reimer uses medical marijuana.

In 2002, he was stopped by police for crossing the centre line. The
police officer noticed Mr. Reimer was smoking a marijuana joint.

Mr. Reimer was charged with impaired driving but at his trial the
judge in the case found him not guilty because he was not convinced
that it was the marijuana and not Mr. Reimer's Multiple Sclerosis,
that had caused him to weave.