DRUG LAW A BAD FIX

Prime Minister Stephen Harper has announced his government's intention
to get tough on people driving while under the influence of drugs,
boosting penalties for those who fail drug tests.

This would put into effect a similar law in use in Manitoba, but may
also ask the courts to rely on evidence of impairment from chemical
tests that have not been proved entirely reliable. Such a law's
validity is open to challenge.

Harper didn't say what new tools the police will have, but they are
likely to include the roadside sobriety test now in use in Manitoba
when an officer suspects someone is driving under the influence of
drugs. Refusing to take this test results in a charge, in a similar
way that refusing a breathalyser for alcohol does.

Under the Highway Traffic Act, someone who has used drugs and is
impaired can see their licence suspended. Harper intends to reform the
Criminal Code, which suggests stiff jail terms are in the offing.

At present, drivers who are impaired can be jailed for longer terms
depending on whether it is a repeat offence or how much alcohol was in
a person's blood. Anyone with a drug of any type -- alcohol,
prescription medicines, cold medication or recreational drugs -- in
their system may be subject to this law. Tests can determine elevated
concentrations of alcohol in a person's system, which compounds the
impairment.

This is not so clear with other drugs and such convictions have been
much rarer.

Chemical tests can determine what drug has been used, but the science
behind impairment concentrations of a drug are sketchy. Indeed,
someone addicted to heroin can function perfectly normally. His
driving may be affected by an antihistamine, or with a little alcohol,
but Harper's law may make him vulnerable to a stiff jail term for
shooting up.

Failing a sobriety test and testing positive for a drug may warrant
keeping someone off the road, as is done in Manitoba. Throwing someone
in jail, in the absence of strong evidence that a drug has impaired
their driving, may test the tolerance of judges. Harper should be
cognizant of that, which may require using the best evidence available
for individual drugs and tailoring the law appropriately.