GOVERNMENT WANTS ROADSIDE DRUG TESTS

The federal government wants to give police the power to conduct roadside
checks for drug use by doing a battery of tests on the spot and further
probing at the police station that could include taking blood samples.

The multi-level scheme to nab drug-impaired drivers, which has been in the
works for months, is contained in a public discussion paper obtained by
CanWest News Service that is scheduled for release today.

Federal officials acknowledge there is an increased urgency for a drug test
- -- dubbed a "potalyser" in some quarters -- in light of proposed legislation
that would decriminalize marijuana possession, even when the drug is found
in vehicles.

People caught with less than 15 grams of drugs in their vehicles would no
longer be criminally charged, but they would be subject to a $400 fine.

It will remain illegal to drive while under the influence of drugs, but
there has been no reliable test like the breathalyser for alcohol.

Unlike drunk driving, in which there is a measurable link between blood
alcohol levels and driving ability, research is lacking to equate drug
quantity and impairment.

"Drugs, unlike alcohol, are often extremely difficult to link to a
particular concentration level that will cause impairment in the general
population of drivers," says the paper, written by a
federal-provincial-territorial group on impaired driving.

"Moreover, analysis for some drugs in certain bodily fluids may simply
indicate drug use many days, or even months, in the past."

Unlike drunk driving, there is no legal limit for drug use while driving,
nor does the federal government propose there should be one.

The federal government wants to train police officers across Canada to
become experts in recognizing physiological symptoms of impairment and then
allow them to conduct physical tests at the roadside.

If a suspect fails -- and it is determined he or she is not alcohol impaired
- -- police could proceed to the next stage of saliva and urine testing. The
procedure could then move to the police station, where police could demand
blood samples.

The Justice Department, in the discussion paper, concedes mandatory testing
could raise Charter of Rights concerns, partly because screening would take
much longer than tests for drunk driving.

"These legislative proposals are charter sensitive," says the policy paper.

"These proposals would require the suspect to participate in a process that
may result in incriminating evidence. Consideration would have to be given
as to the point in time at which a suspect may be given information on the
right to counsel."

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

Currently, police rely on a driver's behaviour and witness testimony to
determine drug use. There are officers in British Columbia who are trained
to administer roadside tests, but there is no law that forces drivers to
comply.

Impaired driving charges don't usually stick in court now because it is
difficult to prove a person's driving was affected by drugs.

Earlier this year, for instance, former Ottawa Valley lawyer Rick Reimer,
who is legally permitted to smoke marijuana to treat multiple sclerosis, was
acquitted of impaired driving, even though he was smoking a joint when
police pulled him over.

The judge said there wasn't enough evidence to prove beyond a reasonable
doubt that Mr. Reimer was impaired.

Justice Minister Martin Cauchon, under pressure to develop a system to catch
drug-impaired drivers, said last spring that he wanted to "fast track"
legislation. But the testing scheme remains in the consultation stages, so
it is not expected to be introduced while Prime Minister Jean Chretien is in
office.

Paul Martin, the incoming prime minister, has not committed to a bill. It is
also not clear whether he would proceed with marijuana decriminalization.