DRUNK-DRIVING CRACKDOWN SET

Critics Question Plan's Constitutionality

OTTAWA -- The Conservative government is beefing up penalties for
drunk drivers who kill or maim and cracking down on motorists who
smoke weed before getting behind the wheel.

Critics said the proposed blood or urine tests that will be used to
nab drug-impaired drivers are too intrusive and won't pass
constitutional muster, but Justice Minister Vic Toews insisted it's a
"minimal intrusion" that's justified under the Charter of Rights and
Freedoms. Similar measures have been in place for years in other
jurisdictions like the U.S., he said.

"We are very pleased to be bringing this kind of tool forward for the
police to use in our jurisdiction," he said.

Series Of Measures

But NDP MP Joe Comartin said there is no standardized measure for
impairment for marijuana or other drugs -- and that will make it
difficult for any charge to win a conviction in court.

Liberal Leader Bill Graham agrees with the "thrust" of the bill but
wants to give it careful study to determine if it would withstand a
charter challenge.

The Conservative bill outlines a series of measures to determine drug
impairment, including a roadside test by police officer followed by
an examination at the police station by an officer specially trained
to recognize signs of drug use. The final step is followed by a
demand for a blood or urine sample.

The bill also increases the sentence to life in prison for alcohol-
impaired driving causing death, and to 10 years for causing bodily harm.

The fine for a first offence of simple impaired driving would
increase to $1,000 from $600, and jail terms for second and third
offences would increase to 30 and 120 days from the previous 14 and 90.

MADD Canada CEO Andrew Murie applauded the measures and said Canada
lags far behind other countries in tackling impaired driving. Drug-
impaired drivers are now responsible for about 10% of all fatal road
crashes, and he believes new laws will act as a deterrent.

But Ottawa defence lawyer Mark Ertel said laws are already on the
books outlawing driving while impaired by drugs or booze.

"We have a government that wants to make everything an offence --
this is just politically expedient," he said.