OTTAWA TARGETS DRUGGED DRIVERS

OTTAWA -- The Conservative government revived a Liberal-era bill
Tuesday to catch drug-impaired drivers through roadside checks and
blood samples, an initiative that's failed twice before and raised
concerns about court challenges.

Justice Minister Vic Toews also introduced tougher new laws for drunk
drivers, including raising the maximum sentence to life imprisonment
for impaired driving causing death, increasing the fine for a first
impaired driving offence to $1,000 from $600 and restricting the use
of the "two beers" defence that permits drivers to argue they didn't
drink much.

Toews, with police and victims of impaired drivers at his side in the
House of Commons foyer, told reporters his bill is "very important,
overdue legislation" and hopes it'll pass through Parliament "as
quickly as possible." Toews presented a copy of his proposal to Mike
Rider, whose 16-year-old son, Dave Rider, was one of five teens from
the Ottawa area killed seven years ago by a young driver high on
marijuana.

Under the proposed law, drivers suspected of being high would be
required to perform physical tests at the side of the road, such as
walking a straight line.

If they fail, they'd be sent to the police station for further
testing and then be forced to surrender blood, saliva, or urine samples.

The federal government's testing scheme for drugs would include
penalties for people who refuse to co-operate, Toews said.

Also, the federal government intends to provide about $2 million in
police funding to carry out the testing.

Two similar Liberal bills died when federal elections were called in
2004 and 2005. There were widespread concerns at the time that
requiring suspects to surrender samples is overly intrusive and the
initial testing gives police too much subjective leeway.

"I have serious doubts as to whether that would survive a Charter (of
Rights) challenge," said NDP justice critic Joe Comartin.

"There is no use passing bills if they are going to get struck down
by our courts." Toews countered that roadside drug testing has been
around for two decades in the United States and it's survived court
challenges thus far.

"This is not an issue of a subjective test or something that is
simply at the whim of an officer," he said.

"The courts have understood that where there have been appropriate
roadside tests beforehand, that one is allowed to them make those
demands for bodily samples." He acknowledged, however, there is no
reliable scientific test to detect drug use, unlike the breathalyser
for alcohol.