Bill C-32 (Historical)

Yolande Thibeault Saint-Lambert, QC

Mr. Speaker, I am pleased to rise today to speak on this motion to refer to committee Bill C-32, an act to amend the Criminal Code (drugs and impaired driving) and to make related and consequential amendments to other acts.

I am convinced that all members of this House want to pass the best possible legislation to fight the problem of drug-impaired driving. We know that the government's proposal is intended to amend the Criminal Code to give police the authority to demand that a person suspected of having drugs in his or her system submit to Standardized Field Sobriety Tests, or SFST.

If that person fails these tests, the police officer will have reason to believe that the person's faculties are impaired by drugs or by the combined effects of drugs and alcohol, and thus will be empowered to demand that the person accompany the officer to the police station, where the person will have to undergo other tests administered by a specially trained drug recognition expert, known as a DRE.

If the expert believes that the impairment is linked to a particular category of drugs, he or she will be authorized to require the person to furnish a sample of bodily fluids for analysis to confirm or refute the expert's opinion.

In one sense, this bill does not create a revolution. SFSTs and DREs are already being used in Canada. I understand that currently there are over 100 police officers trained as drug recognition experts. This phenomenon started in British Columbia in 1995 and now there are DREs in most provinces.

The RCMP is giving the training in conjunction with other police forces, and it is reasonable to expect that there will be DREs across the country within one or two years. Moreover, trial courts have accepted DREs' testimony in cases resulting in convictions.

Canada is not the only country to use DREs. As a matter of fact the first DREs were introduced in California in the early 1980s. Nowadays, they can be found in over 30 U.S. states as well as in Australia, New Zealand and several European countries. Training has been standardized by the International Association of Chiefs of Police over the past 10 years.

So if the program is already well in place in several Canadian provinces why do we need this bill? The answer is simple: We need it because currently a person suspected of drug-impaired driving is not obliged to take the tests.

In its report, the Senate Special Committee on Illegal Drugs devoted a chapter to driving under the influence of cannabis. The explanation given there applies to any police report of drug-impaired driving.

The Senate Committee summed up the situation as follows:

The typical scenario for driving under the influence of psychoactive substances other than alcohol is as follows: a vehicle attracts the attention of a police officer, who pulls the vehicle over and questions the driver; if there are reasonable grounds to believe that the driver is intoxicated, a breathalyzer test is administered; however, when the test yields a result below the legal limit, the police officer may still not be convinced that the driver is capable of driving, but how is this to be proven? Before, more often than not, the police officer had to release the driver.

When the Senate committee says that “before the police officer had to release the driver” it refers to the situation that prevailed in the United States and in other countries before the law was amended to oblige suspected drivers to take the test.

Unfortunately, between now and when this bill is passed, we will continue to be in the same frustrating situation. The police officer suspects that the driver is impaired and presents a danger on the road, but since the impairment is not alcohol-related, which could be verified with an approved screening device or an approved breath test at the police station, he has to let the driver go and possibly kill or harm others. He can only detain the driver if he has solid evidence to arrest him and lay charges.

Bill C-32 will give police officers the tools they need to certify driving impaired by alcohol. First, the officer will be able to require the driver to take an SFST. This test takes roughly five minutes and is conducted on the spot. It consists in looking at the driver's eyes while slowly moving an object, such as a pen, in front of him and watching to see whether the eye movement is jerky. The driver is then asked to walk a straight line, heel to toe, and then turn around and come back. Then the person has to stand on one leg and hold the other leg straight, 15 centimetres from the ground, while counting to 30. Hon. members should try these tests. They will see that they are not difficult. Clearly, if the suspect has a handicap or a health problem that would prevent them from doing the test, they can refuse to do it. The legislation allows for the possibility of “reasonable excuse”. Otherwise, police officers have reasonable grounds to believe that a driver who has failed to pass these tests is impaired. That is the prerequisite for requiring tests to be conducted by DREs.

The evaluation is carried out by an officer trained in drug recognition. The drug-detection tests are based on medical and scientific knowledge. They are designed to identify the presence of seven classes of drugs: central nervous system depressants, better known as tranquilizers; inhalants, including solvents, aerosols and anesthetic gases; PCP, phencyclidine, a dissociative anesthetic; cannabis; central nervous system stimulants, such as speed or cocaine; hallucinogens such as LSD and ecstasy; and narcotics or opiates, like heroin and morphine.

Officers trained in drug recognition can also recognize characteristics of consumption of various drugs.

The DRE evaluation consists of 12 steps. There are three tests of eye movement: horizontal nystagmus, vertical nystagmus and convergence. Nystagmus is an involuntary but observable jerk of the eyeball. Horizontal nystagmus is a jerk that occurs while a person is watching an object move from left to right and back again.

The DRE also administers a modified Romberg balance test, a walk-and-turn test, a one-leg stand, and finger-to-nose test. The DRE then takes three vital signs: blood pressure, body temperature and pulse.

Richard Marceau Charlesbourg—Jacques-Cartier, QC

Mr. Speaker, of course, it is a great pleasure to speak to Bill C-32. It is somewhat the child of Bill C-10 and of Bill C-38, which was later called Bill C-10.

The House will remember that several witnesses who appeared before the committee pointed out the problem of driving while impaired by drugs. They raised this point to encourage us to oppose Bill C-10.

Following these presentations, I moved in committee an amendment aimed at doing almost what Bill C-32 does now. At the time, the committee chair rejected my amendment, because it was irrelevant to Bill C-10.

However, and I succeeded in getting the unanimous support of the committee on this, we tabled two reports on Bill C-10 in the House. The first report suggested some amendments to Bill C-10 and the other called on the government to move quickly to pass legislation to resolve the problem of driving while impaired by drugs.

So, Bill C-32, which is now before us, is in response to a request by the committee that reviewed Bill C-10.

As regards the bill per se, we have good news and bad news. The good news is that we support Bill C-32 at this stage and believe that it should be reviewed in committee as quickly as possible.

Now, let us turn to the bad news. The introduction of the bill at this stage of our proceedings, with an election campaign looming on the horizon, is a cheap election ploy on the part of the Liberals. They are trying to counter the attacks that they are anticipating from the Conservative Party of Canada and its right wing forces, which want a return to a more prohibitionist approach regarding the possession of marijuana.

When a measure as important as Bill C-32 is introduced in the House, an announcement is usually made regarding moneys that will be made available to implement the legislation. In this case, no money was earmarked, announced or set aside to implement Bill C-32. What is the point of tabling, and even voting on a measure such as Bill C-32 if the means to implement it are not there?

As we know, there are some 52,000 police officers in Canada. If my memory serves me correctly, we need to train about 40% of them so that they can conduct the standardized breath test announced in Bill C-32.

How does the government expect to train these 20,000 to 25,000 police officers if it does have the means to do so? How will these men and women, these police officers, be able to conduct standardized sobriety tests on people who are inebriated or under the influence of drugs, if they are not trained to do so?

I will conclude by saying that although we support Bill C-32, I think this is a cheap election ploy. I think the government is not sincere in its commitment to passing Bill C-32. If it were, it would have provided the means to implement it.

Unfortunately, nothing surprises me anymore with this government. I am beyond cynical about it. This government has no direction and does not know what it wants except to be re-elected. It thinks that by tabling Bill C-32 on the eve of an election, it is arming itself against possible attacks that might occur during an election campaign. For the public, it is very disappointing to see the government treat such an important issue this way.

I repeat, and I will conclude on this, I demand that the government table a concrete plan in the few days remaining before the federal election is called. The government has to tell us exactly how much money it will provide and put aside in order to train police officers to conduct standardized sobriety tests; otherwise this is all a sham.

Paul MacKlin Northumberland, ON

Mr. Speaker, I am pleased to support the motion to send Bill C-32 to the committee for review.

Bill C-32 fully responds to various parliamentary committees that have urged consideration of ways to improve legislation for the investigation of drug impaired driving.

In 2003 the special committee of the House that examined Bill C-38, that is cannabis reforms, now Bill C-10, recommended that the government consider amendments relating to drug recognition evaluation in order to aid in drug impaired driving investigations.

Earlier in the fall of 2003, the government had released a consultation paper on drug impaired driving to stakeholders and provinces that reflected discussions among federal and provincial officials. Those discussions had been recommended by the Standing Committee on Justice and Human Rights following its 1999 review of the impaired driving provisions in the Criminal Code.

Also in 2002, the Senate Special Committee on Illegal Drugs had recommended that consideration be given to amendments for drug recognition expert legislation.

Currently section 253(a) of the Criminal Code makes it an offence to drive while one's ability to operate is impaired by alcohol or a drug. This includes driving while impaired by a combination of alcohol and a drug. For alcohol there is a separate offence in section 253(b) for driving while over the legal limit, but there are no similar drug legal limits.

The drugs and driving committee of the Canadian Society of Forensic Science has indicated that for the vast majority of drugs there is no scientific agreement on the concentration threshold at which there is impairment that significantly increases collision risk.

The Criminal Code currently authorizes the police to make demands for alcohol breath tests. These readings are necessary to prove the alcohol legal limit offence in section 253(b) and refusal of the alcohol breath tests is an offence.

These provisions are very helpful in the investigation process that leads to dealing with the alcohol legal limit offence. For section 253(a), drug impaired driving investigations, the police and the public are often less familiar with the physiological effects of drugs than those associated with alcohol. Bill C-32 would give the police the tools to better investigate section 253(a), drug impaired driving incidents.

Bill C-32 would authorize a peace officer, who reasonably suspects that a person has alcohol or a drug in the body, to demand that the person perform physical sobriety tests at the roadside. These involve a heel to toe walk and turn, following with the eyes the officer's hand movement, and standing on one leg. If the tests give the officer reasonable grounds to believe that the person has committed an alcohol involved driving offence, the officer can demand that the person provide a breath sample on the approved instrument. Typically an officer who has taken the necessary training does this testing at the police station.

If, after the roadside physical sobriety tests, the officer has reasonable grounds to believe that a drug impaired driving offence has occurred, the officer may demand that the person perform tests in a drug recognition expert evaluation back at the police station. The trained officer who conducts the evaluation will conduct the steps in the evaluation and classify the family of drugs, if any, that is causing impairment.

If no test has been done at the roadside for alcohol and no test was done at the police station for alcohol and the officer conducting the evaluation has reasonable suspicion of alcohol in the body, the officer may demand a sample of breath on an approved screening device in order to confirm whether alcohol is present. If the officer conducting the evaluation forms the opinion that a drug is causing impairment, the officer can then demand a sample of urine, saliva or blood. The sample will be tested. Where the result shows that the drug which the officer identified as causing impairment is present, a charge would proceed.

Once again, as with alcohol, refusal of any of the demands without reasonable excuse would be a Criminal Code offence carrying the same penalties that now exist for driving while impaired, driving while over the alcohol legal limit or refusing to provide a breath sample.

If the prosecution proceeds by summary conviction, which is of course the less serious type of charge that can be laid, the existing maximum is six months imprisonment. If the prosecution proceeds by indictment, the maximum is five years imprisonment. Where there is impaired driving that causes death, the maximum penalty is life imprisonment. Where there is impaired driving that causes bodily harm, the maximum penalty is 10 years of imprisonment.

On the first offence, the minimum penalty is a fine of $600. On a second offence, the minimum is 14 days of imprisonment. On a subsequent offence, the minimum penalty is 90 days of imprisonment. In addition, upon a conviction, the court must also impose a period of prohibition from driving anywhere in Canada. The minimum driving prohibition increases with repeat offences.

The courts have already found that under section 1 of the Charter of Rights and Freedoms the short detention at roadside for a breath test on an approved screening device, without the right to legal counsel is justifiable. Bill C-32 in its demand for physical sobriety tests at the roadside provides the police with a similar tool that, in my view, is equally justifiable.

Police currently give the right to counsel at the police station before the suspect performs an alcohol breath test on an approved instrument. It is anticipated that police would follow the same practice prior to a drug recognition expert evaluation.

In addition to the drug impaired driving elements of Bill C-32, the bill contains provisions that would correct some section numbering of Bill C-10, that is cannabis reforms. Bill C-32 also contains consequential amendments and coming into force provisions.

Currently, there are several provinces with police officers that have sobriety test and DRE training. However, these officers have no authority to make a demand for testing and can only conduct tests if a suspect voluntarily participates. Bill C-32 will, in that regard, be a giant step forward for police who investigate drug impaired driving incidents.

Clearly, the time has come for this type of legislation to be put in place. I urge all members to send the bill to committee for review. There we will be able to have all the stakeholders and the witnesses can come forward and make their perspectives known. Clearly, this area is an area that does present some difficulties. However, I believe this bill goes a long way toward bringing us to a point where drug impaired driving will bring the penalties to it that it deserves and will help in removing them from our roadways.

I encourage all members to support this going forward to committee for further review.

The Speaker

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness.

(Motion agreed to and bill referred to a committee)

Bill C-32. On the Order: Government Orders

May 3, 2004--the Minister of Justice--Second reading and reference to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness of Bill C-32, and act to amend the Criminal Code (drugs and impaired driving) and to make related and consequential amendments to other acts.

Jacques Saada Leader of the Government in the House of Commons and Minister responsible for Democratic Reform

Mr. Speaker, it is a great pleasure for me to reassure my colleague and Canadians that we are working on a number of bills.

We will proceed this afternoon with third reading of Bill C-9, an act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa). This bill, which we introduced and which is now at third reading, makes it possible for us to send pharmaceutical products to help countries in Africa.

This will be followed by third reading stage of Bill C-12, an act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act.

Then we will move on to report stage of Bill C-23, an act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts.

This will be followed by the debates on the motions for referral to committee before second reading of Bill C-29 and Bill C-32. I would like to point out that it is as part of our democratic reform that we are now regularly referring bills to committees before second reading, to allow them to review the legislation.

Therefore, before second reading, we will refer Bill C-29, an act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts, and Bill C-32, an act to amend the Criminal Code (drugs and impaired driving) and to make related and consequential amendments to other Acts. We know that Canadians really want us to deal with the issue of impaired driving.

Of course, we will deal with third reading of Bill C-10, an act to amend the Contraventions Act and the Controlled Drugs and Substances Act.

This is for today. We may not have time to finish everything, because there is a lot to do. In any case, tomorrow we will deal with report stage and, if possible, with third reading of Bill C-30, an act to implement certain provisions of the budget tabled in Parliament on March 23, 2004.

Then, we will undertake our review of Bill C-28, an act to amend the Canada National Parks Act.

Of course, next week we will continue with any unfinished business.

Incidentally, Thursday of next week, May 6, will be an allotted day. I would suggest that hon. members get a good rest, because there is still a lot of work to do.