Justice committee  Right, and for us it's the totality of the driving evidence or lack thereof and the face-to-face contact with the person. Then at that point we combine those two, and we may ask the person to step out. We don't look at them in isolation.

Justice committee  That's based on one test: the walk and turn. When you combine the tests, the percentages go up. So with the entire test battery, if they show clues in all three, the probability is up at about the 84% mark.

Justice committee  With the total drug evaluation—

Justice committee  There have been no studies to correlate the sobriety test roadside to an overall percentage of people who are actually failing the drug evaluation afterwards, because we don't have a presumptive level, as we do for alcohol. We have to go through the whole evaluation, at which poi

Justice committee  There are jurisdictions with legislation similar to that. It's an implied consent law, that by virtue of holding a driver's licence for, say, the province of Ontario, I have consented to providing a sample, whether it's blood, urine, breath or oral fluid. But we don't have that

Justice committee  I can't answer that.

Justice committee  Each one of the tests in the standardized field sobriety test—the three-test battery—has specific validated clues. So it's not a matter of my saying, I want you to do this test and I'm going to use my criteria. The criteria are set out. For example, a walk and turn test has eight

Justice committee  True. However, that's just to get you to an evidentiary instrument, and that evidentiary instrument will either confirm or disprove the fact that a person is actually over 80 milligrams percent. We're not looking at 100%, because that's impossible. The sobriety tests are just t

Justice committee  Again, the parallel between the two, alcohol and drug impairment, is that investigations will be almost identical.

Justice committee  It is. Again, it's the same as for alcohol-impaired. The person may provide a breath sample with alcohol and then after the first sample say they're not going to do another one, at which point they'd be charged with refusal. With the drug evaluation, at any point that the subject

Justice committee  The DREs trained in Canada are not just RCMP. Our current funding is through Canada's drug strategy. When we began, Treasury Board actually was looking at just training the RCMP, but we took the stance that it's a policing problem, not just an RCMP problem, so the courses have be

Justice committee  Yes, the evaluation report that the DRE completes is standardized right across the country. Every step of the evaluation is documented on a phase sheet, right down to the sobriety test, where the scoring is done right there. That document is included with a disclosure package. C

Justice committee  That's not necessarily so. He could have had mechanical failure, or it could have been driver inattention—talking on a cell phone, daydreaming, falling asleep. You don't know. To parallel it in court, when I was doing impaired drivers on a very regular basis and mentioned water

Justice committee  I think it would be a nightmare. We have videos that we use for training, and the problem we have with those is that we're talking about a two-dimensional view. For example, with the walk and turn, if the camera is behind the subject, you can't see if the person actually touches

Justice committee  It is. During the validation studies for alcohol, the parameters were age 65 and more than 50 pounds overweight. That was simply because they didn't have anybody over age 65 and nobody who was more than 50 pounds overweight participating in the validation studies. With the alcoh