News (Media Awareness Project) - CN BC: Judge Permits Drug-Use Evidence |
| Title: | CN BC: Judge Permits Drug-Use Evidence |
| Published On: | 2004-02-27 |
| Source: | Province, The (CN BC) |
| Fetched On: | 2008-08-23 10:51:35 |
Copyright: 2004 The Province
Contact: provletters@png.canwest.com
Website: http://www.canada.com/vancouver/theprovince/
Details: http://www.mapinc.org/media/476
Author: John Bermingham, The Province
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/youth.htm (Youth)
JUDGE PERMITS DRUG-USE EVIDENCE
A Surrey court has allowed into evidence the blood sample of a Langley teen
that allegedly shows he was high on marijuana when his car crashed, killing
two boys.
The 18-year-old is charged with impaired driving causing death in the fatal
crash on a rural Aldergrove road two years ago. He can't be named because
he was a young offender at the time.
Killed in the crash were Simon Featherston and Dayton Unger, both 16.
When the injured driver was taken to hospital, an emergency room doctor
took a blood sample.
Coroner Marg Paonessa later seized the sample and found it contained high
levels of tetrahydrocannabinol, the active ingredient in marijuana, also
known as THC.
She passed on that information to Langley RCMP, which led to the criminal
charges.
Surrey Youth Court Judge William MacDonald ruled Paonessa was only doing
her duty in seizing the boy's blood sample and passing it on to police.
He said the boy's privacy and Charter rights were not breached because she
was not helping the RCMP -- only trying to find out how the boys died.
In fact, he added, police were not even investigating the youth until they
got the THC reading.
"She has, in my view, a public duty to provide that information to the
police," said MacDonald. "At no time was she an agent of the RCMP.
"I find the coroner and the RCMP were acting in good faith."
The teen is currently on trial for allegedly crashing his Ford Mustang into
a rock fence in the 6200-block 264th Street.
The trial continues next month with the defence calling two expert
witnesses in the areas of marijuana and accident analysis.
Contact: provletters@png.canwest.com
Website: http://www.canada.com/vancouver/theprovince/
Details: http://www.mapinc.org/media/476
Author: John Bermingham, The Province
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/youth.htm (Youth)
JUDGE PERMITS DRUG-USE EVIDENCE
A Surrey court has allowed into evidence the blood sample of a Langley teen
that allegedly shows he was high on marijuana when his car crashed, killing
two boys.
The 18-year-old is charged with impaired driving causing death in the fatal
crash on a rural Aldergrove road two years ago. He can't be named because
he was a young offender at the time.
Killed in the crash were Simon Featherston and Dayton Unger, both 16.
When the injured driver was taken to hospital, an emergency room doctor
took a blood sample.
Coroner Marg Paonessa later seized the sample and found it contained high
levels of tetrahydrocannabinol, the active ingredient in marijuana, also
known as THC.
She passed on that information to Langley RCMP, which led to the criminal
charges.
Surrey Youth Court Judge William MacDonald ruled Paonessa was only doing
her duty in seizing the boy's blood sample and passing it on to police.
He said the boy's privacy and Charter rights were not breached because she
was not helping the RCMP -- only trying to find out how the boys died.
In fact, he added, police were not even investigating the youth until they
got the THC reading.
"She has, in my view, a public duty to provide that information to the
police," said MacDonald. "At no time was she an agent of the RCMP.
"I find the coroner and the RCMP were acting in good faith."
The teen is currently on trial for allegedly crashing his Ford Mustang into
a rock fence in the 6200-block 264th Street.
The trial continues next month with the defence calling two expert
witnesses in the areas of marijuana and accident analysis.
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