TORIES TARGET DRUGGED DRIVING

'I can't seriously see people (being) opposed to this type of legislation'

Ottawa (CP) - The federal Conservatives have brought in legislation to
crack down on drug-impaired drivers - by resurrecting a plan first advanced
by the Liberals, adding heavier fines and jail terms, and calling the
result a Tory initiative.

The bill, tabled Tuesday by Justice Minister Vic Toews, would also tighten
laws against driving under the influence of alcohol, changing the rules of
evidence to make it harder to challenge breathalyzer tests in court.

The main focus, however, is on those who get behind the wheel while high on
marijuana, cocaine, methamphetamine or a variety of other drugs.

"I can't seriously see people (being) opposed to this type of legislation,"
said Toews, noting that similar measures are already in force in many
American states.

"There is no reason why Canadians shouldn't be protected in the same way."

Opposition MPs insisted they need time to study the bill. And some
predicted parts of it could be struck down by the courts as a violation of
the Charter of Rights.

The legislation had been trumpeted in advance by Prime Minister Stephen
Harper as another step in a broader Conservative law-and-order agenda.

Toews picked up the theme, posing for pictures outside the Commons with
police, the lobby group Mothers Against Drunk Driving, and a family whose
son was killed by a drug-impaired driver. All expressed support for the bill.

But Toews admitted, when pressed by reporters, that the core of his
legislation - setting out the legal steps police must follow to prove drug
impairment - is taken straight from a bill proposed by the previous Liberal
government.

"In that respect, it's essentially the same," said the minister.

He went on, however, to point to areas where the Tories had "enhanced" the
Liberal approach - mainly by boosting the penalties upon conviction.

Under the new bill, the minimum fine for a first offence of either drug-or
alcohol-impaired driving would be $1,000 rather than the current $600. A
second offence would bring a mandatory 30 days in jail rather than 14, a
third offence 120 days rather than 90.

In the worst cases, the maximum sentence would be life in prison for
impaired driving causing death and 10 years for causing bodily harm.

The Tory bill also creates a new offence of being in care and control of a
vehicle while in possession of an illicit dug - something like driving with
an open bottle of beer.

The penalty would be a mandatory six-month prohibition on driving, in
addition to jail time that could run up to five years.

Driving while intoxicated by any substance has long been illegal. But there
is no simple and conclusive roadside test for drug impairment to match the
well-known breath test that measures alcohol levels.

The Tory legislation follows the Liberal model in trying to solve that
problem, setting out a series of procedures that police must follow in
assessing drug impairment.

The first step is a preliminary roadside test of the familiar
touch-your-nose or walk-the-line variety. If the driver fails that, the
next step is examination at the station by an officer specially trained to
recognize signs of drug use. Only after that could police finally demand a
sample of bodily fluids such as blood, urine or saliva.

Toews expressed confidence the multiple tests would pass muster under the
Charter, but NDP justice critic Joe Comartin wasn't so sure. "I think
ultimately it would be unconstitutional," he said.

Comartin was also skeptical that the Tories, who already have a half-dozen
crime-fighting bills before the House, can get this one through before the
next election.

Sue Barnes, the Liberal justice critic, argued that everything depends on
funding and proper training of the police officers who would conduct the
drug tests.

"It's not just introducing paper legislation, it's making sure you've got
the appropriate resources all the way through the chain," said Barnes.

The Liberals have slammed Harper for cutting $4 million that had been
earmarked by the Grits for RCMP training programs in drug enforcement.

Toews said that money was tied to specific bills that never became law. But
he insisted he's been assured by Public Safety Minister Stockwell Day that
money can still be found for the Tory initiative at a level of $2 million a
year for two years.