DON'T CRIMINALIZE DRUG-DRIVING

Justice Minister Irwin Cotler this week tabled criminal legislation to
address drivers impaired by drugs. The government wants to train police to
recognize the symptoms of impairment so officers can conduct roadside tests
and then proceed, where appropriate, to saliva, urine or blood testing.

The problem is that drug-driving is a much more complicated issue than most
people realize.

A variety of legal and illegal substances fall under the category of
"drugs." Would a driver under the influence of prescription medications be
treated the same way under the Criminal Code as a driver on pot or cocaine?
Will criminal levels of impairment be set for prescription medications (and
combinations thereof, including low amounts of alcohol)? Moreover, some
drugs can be detected in the body long after their effect has worn off. For
example, tetrahydrocannabinol (THC, the active ingredient in cannabis) can
be detected in the body for up to four weeks, although its impairing
effects do not last.

However, if there is to be testing, defensible criminal impairment levels
must be established for all substances that can produce impairment.
Combinations of substances should also be taken into account. Then, after
criminal impairment levels are established, comes the challenge of having
approved tools to measure those levels, and police trained to use those tools.

The legal community has concerns about this and fears that a physical
roadside test may not stand up in court.

Legislation that will effectively address drug-impaired driving is a
complex, long-term goal. Yet immediate action is needed to protect the
public. The priority must be public safety and not simply punishment.

Most provinces and territories impose administrative licence suspensions on
drivers if a police officer believes a driver is affected by alcohol, even
if the driver has not exceeded the Criminal Code limit for consumption.
These administrative licence suspensions (applied under highway traffic
acts) remove potentially dangerous drivers from the road. They provide a
stern and effective warning without the punitive lifetime consequences of a
criminal record and a costly criminal court case.

Such an approach should be taken immediately in the case of drug-impaired
drivers. Police with reason to believe a driver's ability is being
adversely affected by any drug (legal or illegal) should have authority to
suspend that driver's licence under provincial highway traffic safety acts.

There are fears that decriminalizing possession of small amounts of
cannabis will lead to a rise in pot-smoking drivers. Whether or not this
will happen is an open question. The fact is, we already have a serious
problem. A 2002 national survey found that 1.5 per cent of drivers surveyed
had used marijuana within two hours of taking the wheel during the past
year; young men were most likely to drive after using marijuana or other
illegal drugs. In a 2002 Quebec study, cannabis was detected in 19.5 per
cent of driver fatalities. A 2003 Ontario study showed 15 per cent of
students in grades 10 to 13 who had a driver's licence reported driving
within an hour after consuming two or more drinks during the past year.
Even more, 20 per cent, reported driving within an hour after using cannabis.

In 2002, the European Union initiated related research on cannabis. Results
of the EU study, expected within the next two years, may provide a
much-needed basis for legislation, at least with respect to that substance.

Making conduct criminal is society's ultimate condemnation. The Criminal
Code of Canada addresses transgressions such as murder, robbery and
assault, that violate basic societal norms. Criminal sanctions are very
severe; the legal process to charge and convict a felon is intricate and
costly. Understandably, persons charged with a criminal offence often
choose to defend themselves to avoid the lifelong stigma of a criminal
record, which brings restrictions on travel outside Canada and limits job
opportunities.

The proposed criminal drug-driving provisions will certainly be challenged.
Roadside suspensions, on the other hand, would send a strong message with
immediate consequences to anyone caught driving while on drugs. Most
importantly, suspensions take dangerous drivers off the road so they can't
harm themselves and others.