Changes to Impaired Driving Laws

May 04, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Federal Government recently introduced sweeping changes to impaired driving laws in Canada. These changes represent the culmination of a few things. Firstly the recognition that current laws could be more effective and wider ranging, secondly that drug impaired driving has become as big, if not bigger, a problem than drunk driving, and thirdly the legalization of marijuana use had to be addressed.

The new legislation will allow for:

• Police to demand an oral fluid sample if they suspect drug impairment. Positive oral sample test can lead to blood tests and charges being laid where appropriate
• Three new drug driving offences will be created
  • One for drivers who have consumed drugs within two hours of driving
  • One for those who have 2-5 nanograms of THC per mL of blood
  • One for those exceeding that limit
• New fines of up to $1000 for drug impaired driving are being instituted.
• Drivers who have >5 nanograms of THC/mL, or who have been drinking and using marijuana at the same time will face fines, possible jail time up to 10 years.
• Police will now be able to demand breathalyzer samples from any driver they lawfully stop, no reasonable suspicion will be required. This is meant to address people who are lying at stops, or who are masking the effects of the alcohol.
• The legislation also closes loopholes that allowed drivers to claim that they drank while driving, and that their BAC wasn’t over the limit until AFTER they were stopped.

There has been no announcement made about the drug testing system which will be used, but in other jurisdictions the most common test is the DrugWipe which also detects cannabis, opiates, cocaine, amphetamines, methamphetamines (MDMA and ecstacy), ketamine, and benzodiazepines. Combination impairment with alcohol and drugs will be a serious offence.

The limits set out in the legislation are quite a bit higher than Australia’s and in many US states where the limit is 0 THC, and the EU where the limit is 1 nanogram/mL, and the UK where the limit is 2 nanograms/mL. For those using home grown drugs it will prove to be very difficult to regulate how much they consume before driving as there is no ‘standard’ dosage of THC (unlike wine, beer and spirits).

The Government announced that “In order to further protect Canadians, our government has committed to creating new and stronger laws to punish more severely those who drive while impaired by cannabis, alcohol, and other drugs”, Liberal MP Bill Blair.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

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