Drug-Impaired Driving Detection Act

An Act to amend the Criminal Code (drug-impaired driving)

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Status

Defeated, as of Oct. 25, 2017
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to authorize the use of an approved screening device to detect the presence of drugs in the body of a person who was operating a vehicle or who had the care or control of a vehicle. It also authorizes the taking of samples of bodily substances to determine the concentration of drugs in a person’s body, based on physical coordination tests and the result of the analysis conducted using an approved screening device.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-230s:

S-230 (2021) Providing Alternatives to Isolation and Ensuring Oversight and Remedies in the Correctional System Act (Tona’s Law)
S-230 (2021) An Act to amend the Citizenship Act (granting citizenship to certain Canadians)
S-230 (2015) Ending the Captivity of Whales and Dolphins Act
S-230 (2009) An Act to amend the Bank of Canada Act (credit rating agency)
S-230 (2008) An Act to amend the Excise Tax Act (zero-rating of supply of cut fresh fruit)

Votes

Oct. 25, 2017 Failed 2nd reading of Bill S-230, An Act to amend the Criminal Code (drug-impaired driving)

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:10 p.m.

The Deputy Speaker Bruce Stanton

I invite the hon. member for Richmond—Arthabaska to exercise his right of reply. He has up to five minutes.

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:10 p.m.

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, I thank my colleagues.

It is an honour for me to rise in the House today to speak to Bill S-230. This legislation is critically important, and passing it is becoming increasingly urgent. I would like to point out that this piece of legislation is also the result of a collaborative, non-partisan approach among senators who unanimously passed it across party lines. I would like to thank and congratulate Senator Claude Carignan and his entire team who worked extremely hard on drafting this bill and had the vision to get out ahead of the House of Commons.

The purpose of the bill is simple. It seeks to amend the Criminal Code to authorize police officers to use a drug screening device, not unlike a breathalyzer, which is simply not possible under current legislation. This bill is just as important as the startling problem it is meant to address. At present, the percentage of drug-impaired drivers who are killed or injured in vehicle crashes is 40%. This now exceeds the percentage of alcohol-impaired drivers who are killed or injured, which is currently 33%.

I would like to remind members that drivers who have used marijuana are six times more likely to have a motor vehicle accident than sober drivers. Drug-impaired driving is just as much of a hazard as drunk driving, if not more so. However, the number of arrests is not at all comparable. According to the Government of Canada, in 2013, 97% of prosecutions for impaired driving were alcohol related, while only 3% were drug related. This does not at all reflect the actual number of accidents.

The reason is that there is currently no roadside screening device to detect drug-impaired driving. For example, as we all know, police officers who suspect a driver of being under the influence of alcohol can easily ask that person to take a blood alcohol test to check his or her level of intoxication. However, unfortunately, a police officer who believes that a driver is on drugs or under the influence of marijuana cannot use such a device because current legislation just does not allow it. Without a screening device to help easily and quickly detect errant drivers, the problem of drug-impaired driving will persist and continue to be a major cause of fatal accidents in Canada.

Last week we found out that the federal government does not have any reliable scientific data on the quantity of cannabis an individual can consume before their ability to drive a vehicle becomes impaired. I just wanted to point that out. Marijuana is set to be legalized in 10 months, which is fast approaching, but the government does not have a single study to indicate how long a person should wait after smoking marijuana before driving a car.

The solution to this lack of data and answers would be to prevent anyone who has used marijuana from taking the wheel. The lack of scientific studies and the lack of tools available to our police forces to help them do their job makes the importance of this bill crystal clear.

It is also very important to mention that Canada is lagging behind many other countries that use roadside drug detection devices, countries such as Australia, Germany, France, Belgium, Spain, Italy, and the United Kingdom, as well as some states in the U.S. Those countries and states are not even planning to legalize marijuana and they have already been using these devices for over a decade and helping police officers prevent countless accidents and deaths.

Even more important, the use of this kind of drug detection device by police would deter drivers who are thinking of driving their vehicle after using drugs. When surveys show that over 50% of the people who report consuming marijuana think they do not pose a risk behind the wheel, that is cause for great concern.

The Liberal government's marijuana legalization bill, set to come into force on July 1, brings this issue to the fore and makes passing Bill S-230 even more urgent.

If the numbers are alarming now, imagine how much more alarming they will be once Canadians can legally buy and consume marijuana. That is why I am asking my colleagues across the aisle to set partisanship aside for today and support Senator Claude Carignan's bill, which, I should point out, is non-partisan and received unanimous support from all parties at every stage of the process in the Senate.

We need to take steps to deter drivers from getting behind the wheel after using drugs. This bill is essential. I am asking everyone in the House to set partisanship aside and give our police officers the tools they need to do their job well and with integrity.

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:15 p.m.

The Deputy Speaker Bruce Stanton

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:15 p.m.

Some hon. members

Agreed.

No.

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:15 p.m.

The Deputy Speaker Bruce Stanton

All those in favour of the motion will please say yea.

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:15 p.m.

Some hon. members

Yea.

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:15 p.m.

The Deputy Speaker Bruce Stanton

All those opposed will please say nay.

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:15 p.m.

Some hon. members

Nay.

Criminal CodePrivate Members' Business

October 24th, 2017 / 5:15 p.m.

The Deputy Speaker Bruce Stanton

In my opinion, the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, October 25, immediately before the time provided for private members' business.

The House resumed from October 24 consideration of the motion that Bill S-230, An Act to amend the Criminal Code (drug-impaired driving), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

October 25th, 2017 / 7 p.m.

The Speaker Geoff Regan

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill S-230 under private members' business.

(The House divided on the motion, which was negatived on the following division:)

Vote #377

Criminal CodePrivate Members' Business

October 25th, 2017 / 7:10 p.m.

The Speaker Geoff Regan

I declare the motion defeated.

Criminal CodePrivate Members' Business

October 25th, 2017 / 7:10 p.m.

The Speaker Geoff Regan

I wish to inform the House that because of the delay, there will be no private members' business hour today. Accordingly, the order will be rescheduled for another sitting, as will the debate on the motion to concur in the 13th report of the Standing Committee on Finance.