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44 N O V E M B E R / D E C E M B E R 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m it a defence to test over the legal limit of alcohol within two hours of driving, says Brown. "These things are designed to make it easier to prosecute drinking and driv- ing offences but at the expense of Con- stitutional rules and procedural fair- ness," he says. Section 320.31 of the bill deals with presumptions regarding breath samples. It proposes that if samples are taken more than two hours from the time of the offence, an individual's blood alcohol concentration is presumed to be what was stated by the approved instrument plus an additional five mg. of alcohol in 100 ml of blood for every 30 minutes over those two hours. "The presumption would eliminate the need for the Crown to call an expert toxicologist when the sample is taken after two hours," the CBA criminal jus- tice section notes in its report, adding that "[t]he proposed legislation should not eliminate the need to call an expert." "What the new legislation does is to make the presumption irrebuttable," says Smith. "Whatever the instrument says is the truth." Part 1 of Bill C-46, which deals with drug-impaired driving, authorizes the Governor in Council to make regula- tions prescribing acceptable concen- trations of drugs in the system. For Solomon, "the government is right to establish per se limits for all of the drugs by regulation. . . . "The new legislation is going to be like our zero-eight law," he says. "The only issue will be the content of THC in the blood." This is a step forward, he adds, because the current system is "highly technical" and expensive to operate. And cannabis is not a harm- THESE THINGS ARE DESIGNED TO MAKE IT EASIER TO PROSECUTE DRINKING AND DRIVING OFFENCES BUT AT THE EXPENSE OF CONSTITUTIONAL RULES AND PROCEDURAL FAIRNESS. DANIEL BROWN, criminal defence lawyer L E G A L R E P O RT \ F O R E N S I C S & C R I M I N A L Get a 360-degree view of the public inquiry process Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 988072-65203 $130 Softcover approx. 650 pages October 2017 978-0-7798-8072-0 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Turn to Public Inquiries in Canada: Law and Practice for insightful legal analysis, practical precedents, and step-by-step guidance – all brought to life by first-hand accounts from commissioners, commission counsel, investigators, journalists, counsellors, and witnesses. Authors and Editors-in-Chief Ronda Bessner and Susan Lightstone and prominent contributors share their expertise honed from years of participating in Canada's most high- profile public inquiries. Understand the legal challenges so you can navigate the proceedings effectively Get expert legal analysis on The Role of Commission Counsel, Constitutional Constraints on Public Inquiries, Procedural Fairness and Public Inquiries, and Rules of Evidence at a Public Inquiry – and more. Get behind-the-scenes insight that will help you collaborate with all participants Learn from commissioners, commission counsel, legal and policy analysts, investigators, counsellors, witnesses and journalists what it's like to participate in a public inquiry. Be prepared by following the best practices of past inquiries Get step-by-step guidance from sample documents such as terms of reference, rules of procedure and practice, summonses and search warrants. New Publication Public Inquiries in Canada: Law and Practice Authors & Editors-in-Chief: Ronda Bessner and Susan Lightstone © 2017 Thomson Reuters Canada Limited 00246FW-A88504-NK