DRUG LAW IS 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 proven entirely reliable.

Such a law's validity is open to challenge.

Mr. 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.

Mr. 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 Mr. Harper's law may make him vulnerable to a stiff jail
term for shooting up. The prime minister did not enunciate how the
law will deal with this problem, except to say that he would
"strengthen presumptions" of the tests available.

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 a drug has
impaired their driving, may test the tolerance of judges.

Mr. Harper should be cognizant of that, which may require using the
best evidence available for individual drugs and tailoring the law
appropriately.