OTTAWA PLANS TO LET POLICE CONDUCT ROADSIDE DRUG TESTS

OTTAWA -- Ottawa is preparing to change the law as early as next year to
allow police officers to test motorists suspected of driving under the
influence of drugs.

"It's in the works," said Patrick Charette, a Justice Department spokesman.
"Ideally, we'd like to be able to proceed with a bill in the New Year."

The federal government released a consultation paper yesterday outlining
amended legislation that would allow police to take saliva, blood,
perspiration and urine samples to determine whether a driver has drugs,
including marijuana, in his or her system.

In the document, the Justice Department outlined several options to allow
police to administer the tests and gather evidence for possible criminal
charges.

The proposed changes would create a legal drug limit, allow the collection
of such samples and impose penalties for refusal to comply.

Under present laws, police officers can ask drivers only whether they have
used drugs; they cannot administer a test.

Officers rely on symptoms of impairment such as driving behaviour and
witness testimony to prosecute motorists.

"If officers do not have specific drug assessment training, this task can
be nearly impossible," the document states.

Although it's illegal in Canada to drive while impaired by drugs or
alcohol, no quick roadside test exists for drug use. Alcohol consumption
can be measured by breath analysis.

The options outlined in the document would allow police officers to collect
samples after conducting other sobriety tests, including eye examinations
and physical examinations to search for injection sites.

"Based upon a reasonable suspicion of a drug in the body, a peace officer
could be authorized to demand a saliva or sweat sample at road site," the
document states.

Critics yesterday accused the government of pushing ahead with the proposed
amendments as it fast-tracks legislation to decriminalize possession of
small amounts of marijuana.

"They're putting the cart before the horse," said Sophie Roux, spokeswoman
for the Canadian Professional Police Association. "We're distressed that
they're rushing ahead with this legislation."

A special parliamentary committee is reviewing a bill that would make
possession of small amounts of marijuana punishable by fines rather than a
criminal offence.

The government is considering reducing the amount of cannabis punishable by
fine in the bill from 15 grams to 10 grams, but critics of the legislation
argue it will send the wrong message to young Canadians.

"We think they should go with a national drug strategy first," Ms. Roux said.

Mr. Charette said the government has been examining amending the law to
improve impaired-driving provisions of the Criminal Code since 1999.

Mothers Against Drunk Driving said the consultation paper does not address
broader concerns about the impact of relaxing marijuana laws.

"You can't possibly look at decriminalizing marijuana without looking at
all the effects," said Louise Knox, national president of MADD, Mothers
Against Drunk Driving.

"It just doesn't make sense," she said. "You've got to protect the Canadian
public before you pass this type of legislation. It makes absolutely no
sense to me why they're pushing it."