I appreciate the intention behind the amendment. I don't agree, though, that it is necessary. There already are reasonable grounds, of course, in order for the person to have gone through the process to where they are actually being evaluated for drugs. The officer must have reasonable grounds to believe that the person is impaired. This does create a reverse onus position, but I think it's reasonable in the circumstances. It's a rebuttal of the presumption that the person can put forward and still argue, and if they raise reasonable doubt, then obviously the person is acquitted. Doing so would place undue difficulty on the crown in many circumstances in order to necessarily prove this element. I believe that it's reasonable, in order to have the presumption rebutted by the defence in order to reverse the onus in this position.
I believe that it is reasonable to do so, and that is why I am opposing this amendment.