Good evening. I want to thank you for this opportunity to speak on behalf of the drugs and driving committee, or DDC, of the Canadian Society of Forensic Science. I will take the time I'm allotted to introduce myself, tell you about the DDC, explain our process and our role, and give some background information, and I hope to clarify any scientific questions regarding the proposed new provisions.
My name is Rachelle Wallage. I'm a forensic toxicologist. I work at the Centre of Forensic Sciences in Toronto, where I have been employed for 17 years.
The Centre of Forensic Sciences is a provincial laboratory that functions both as a coroner's lab and as a crime lab. The predominant role of a forensic toxicologist is to provide expertise on drugs, including alcohol, and interpret concentrations as detected through analysis performed by the toxicology section.
This interpretation of prescription, over-the-counter, and recreational drugs can include concentrations that are subtherapeutic, therapeutic, recreational, toxic, or fatal in the context of many different types of cases, as well as opinions offered regarding impairment. All of these interpretations come with further explanation of what the terminology means or implies, the exceptions to the interpretation, or conditions that make it more or less likely. This frequently culminates in testimony provided to courts or coroner's inquests.
To put into context our court responsibilities, here are some examples.
I have testified five times in one workweek on different cases. I have colleagues who have testified twice in one day in two separate courthouses. Furthermore, it's not unusual to have anywhere from three to five days in a week scheduled for court appearances throughout the province. My shortest testimony I estimate as approximately four minutes, and my longest as four days. Court is like a box of chocolates; you never know what you're going to get.
I fully realize that not all laboratories are this busy, but this is the reality for many of us. With the opioid epidemic that is currently happening, the legalization of cannabis, and the extensive changes being proposed for the Criminal Code of Canada, I would be remiss if I didn't take this opportunity to address the pressure on the laboratories. The lab systems cannot continue to absorb the escalation of submissions for analysis, court appearances, and the need for technical expertise, especially in a time where there is an increased emphasis on timely trials.
Additionally, I am the chair of the drugs and driving committee. The role of the DDC is to advise the Department of Justice on issues related to drug-impaired driving. Obviously this is no easy task, considering the hundreds of impairing drugs that are available, each of which has associated complexities. When it comes to analysis, interpretation, and predictability, alcohol is the exception rather than the rule in its simplicity.
The DDC is comprised of six scientists in the field of drug-impaired driving, predominantly from the forensic laboratory systems across Canada. The DDC is a volunteer committee. We have demanding careers outside of our role on the committee, so our time is limited, and the DDC work generally occurs on weekends, on vacation days, and in any spare time we can muster that would otherwise be well spent decompressing from a hectic workday.
We are a committee comprising individuals from across the country, and in-person meetings generally occur once a year. Funding of this committee is a rate-limiting factor. The Department of Justice provides a grant, which is shared between the Canadian Society of Forensic Science, the alcohol test committee, and the drugs and driving committee. There has been a dramatic increase on the demands for our time and knowledge, and the funding is not sufficient.
The alcohol test committee has 10 members and we are at six, and I would make the argument that we, too, should be at least 10. The concern becomes that if we are 10, the yearly DDC allotment will not be sufficient to cover the cost of travel, accommodation, and meal allowances for everyone for one meeting per year, which I would also argue is insufficient at this time. There are other branches of the government that currently see the value in our expertise, and it's time to re-examine investing in the future of the DDC.
Of particular interest in the last few years has been the use of per se limits for drugs other than alcohol. Some countries and states have moved toward this approach. The DDC was asked to turn our collective expertise to the idea of per se limits or a zero tolerance approach to certain drugs.
This process started years ago, when we formulated a long list of drugs that were of particular concern to the safety of our roads. Research was conducted into each of these drugs, and the feasibility of establishing a limit was assessed. Factors that were considered included the potential for tolerance to develop with regular use; whether the drug was available by prescription, over the counter, or for recreational use; residual concentrations; and the prevalence of use in the population.
From that list, a short list was created. Further research was conducted and discussion occurred. The ultimate report outlines a per se approach for four drugs and a zero tolerance approach for five drugs. The factors that were considered when coming to the ultimate decision included analytical, storage, and stability issues; pharmacological properties; established per se levels elsewhere; the inevitable time delay to sample collection; and a lack of an acceptable back extrapolation formula for drugs other than alcohol.
To briefly explain back extrapolation or calculation, this means that for alcohol, the time between sample collection and incident can be accounted for, and a blood alcohol concentration at the time of the incident can be provided. There is no established formula for any other drug to offer a concentration at the time of the incident; therefore, the concentration detected in the sample, generally reflective of the time of sample collection unless the drug breaks down in the test tube, will be the only available information regarding the level.
There was also a request for the DDC to assess drug screening equipment, namely, oral fluid drug-screening devices. These are devices that can be used to indicate drug use. The DDC is currently looking into screeners that detect THC, cocaine, and methamphetamine. Evaluation standards are an ongoing process. Once they are set, the manufacturers will submit the devices for evaluation. The DDC will then review the data, make the final assessment, and provide recommendations for the drug-screening equipment approval list. Services that choose to purchase these devices will then have to train their officers on their use.
I will now define some terms.
“Impairment” is a decreased ability to perform a certain task, a deviation from the norm, so that if you test an individual in a drug-free state and then dose that individual with a particular drug, impairment would be present in the individual when they demonstrated performance decrements in a particular measurement. This can be differentiated from intoxication, which would be the physical signs of drug administration, such as difficulty with balance and walking.
Impairment is described by the faculties affected by the drug. Examples of such are divided attention, vigilance, reaction time, and decision-making. An individual does not need to be experiencing gross motor incoordination to be deemed impaired. Obviously, an individual experiencing those pronounced drug effects is impaired, but an individual can also be impaired without the overt symptomology.
I would like to thank the members of the DDC for their time, the sharing of their knowledge, and their dedication. I would also like to thank the Centre of Forensic Sciences librarians for their ability to jump into action as soon as I needed yet another publication.
Furthermore, I want to thank my colleagues, as the whole is greater than the sum of its parts. Also, it has been a pleasure to work with the Department of Justice counsel and crown attorneys from across Canada, where I've learned that a roomful of lawyers is just as much fun as a roomful of toxicologists.