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w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 7 45 less drug when used by drivers. Studies have shown the extent to which canna- bis increases relative risks of vehicular crashes as being at least double, he says. According to the CBA, however, "linking impairment to a given blood drug concentration may be problem- atic." For example, impairment for habitual versus casual cannabis users may occur at very different levels of consumption, even though their blood samples may reflect similar amounts of the drug. In anticipation of the legalization of recreational cannabis use, provinces are starting to develop their own new legislation. In September, Ontario pro- posed new measures for drug-impaired driving. For novice and young drivers (age 21 and under), there will be zero tolerance for any presence of drug in their system, "as detected by a federally approved oral fluid screening device." There is already a zero tolerance for alcohol presence for this group. Com- mercial drivers would likewise see a licence suspension (of three days) and a monetary penalty if caught driving with any alcohol or other drugs in their system. And all drivers would see esca- lating monetary penalties that would apply to all impaired driving sanctions for alcohol and other drugs. Saskatchewan introduced tough- er impaired-driving laws in 2016 (it reportedly has the highest percentage of impaired drivers in the country), and British Columbia introduced tough new drinking-and-driving penalties in 2010. Under its Immediate Roadside Prohibi- tion program, a three-, seven, 30- or 90-day driving prohibition is issued at the roadside to alcohol-impaired driv- ers under B.C.'s Motor Vehicle Act. These are administrative penalties, though criminal charges may be laid separately. The legislation was amended in 2012 after being challenged under s. 8 of the Charter and amended yet again in 2016, says Lee. She is critical of the current legislation for reversing the burden of proof from the officer to the driver and, she says, "the IRP is reg- istered on your driving record forever." In email correspondence, however, a spokesperson for the B.C. Ministry of Public Safety and Solicitor General said that "since the Immediate Roadside Prohibition program began in 2010, we have seen a 50-per-cent reduction in alcohol-related motor vehicle fatali- ties. There has also been a decrease of approximately 85 per cent in impaired driving-related reports to Crown coun- sel since 2010." Solomon calls the B.C. measures "excellent" — if imperfectly executed — including the automatic licence sus- pension and vehicle impoundment. "It has had a good impact. Because of the publicity [around the B.C. legislation], there was a sharp drop in impaired- driving charges." But, says the director of legal policy for MADD, across Canada, "We have 13 different systems of roadside screening and none in Quebec. We've worked for how many years to convince the public that drinking and driving is a criminal offence [and] we don't want to fight the battle 13 times." An insightful look at forensic evidence and the justice system Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 Order # 988068-65203 $99 Softcover August 2017 approx. 860 pages 978-0-7798-8068-3 Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Get a thought-provoking collection of commentary, case law, journal articles, and legislation offering new insight on the strengths, weaknesses, and limitations of the law and of forensic evidence. You'll gain a deeper understanding of how forensic science fits within the adversarial model of litigation and the role of police, prosecutors, defence counsel, and judges. Understand the relationship between forensic science, the use of its evidence, and the oversight body that governs its experts. Be prepared with the insight you need to collaborate effectively with all justice stakeholders. Forensic Evidence in Context: Cases, Materials and Commentaries offers an insightful look at forensic evidence and the justice system. New Publication Forensic Evidence in Context: Cases, Materials and Commentaries Brian Manarin, B.A., LL.B., LL.M. © 2017 Thomson Reuters Canada Limited 00246IN-A88553-NP

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