TORIES UNVEIL LEGISLATION TO CRACK DOWN ON DRUG-IMPAIRED DRIVERS

Governing Conservatives ADD Teeth to Plan Originally Put Forward by Liberals

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.