Mr. Speaker, I am pleased to rise on behalf of the constituents of Newton—North Delta to keep the ball rolling in the debate on Bill C-16, which amends the Criminal Code and makes consequential amendments to other acts to deal with drug-impaired driving. The bill authorizes trained police officers to test whether a person is impaired by drugs or alcohol and drugs in combination. It also authorizes the taking of samples of bodily fluids to test for the presence of drugs or drugs and alcohol.
Let us look at the background of this bill. Currently the Criminal Code criminalizes alcohol- or drug-impaired driving and imposes greater punishments on repeat offenders. Under section 253 one cannot operate or assist in operating a motor vehicle if impaired by alcohol or a drug. Anyone who commits an offence under section 253 is guilty of an indictable offence or an offence punishable on summary conviction.
While drug-impaired driving is illegal, there is no “legal limit” offence for drugs. The police may not demand physical sobriety tests or bodily fluid samples for drug-impaired driving investigations. The police usually rely upon symptoms of impairment, driving behaviour and witness testimony. As a result, convictions for drug-impaired driving are very rare.
Under Bill C-16, a three-step protocol is given, allowing police to intervene if they believe someone is driving while drug impaired. Clause 2 of the bill would allow police to demand standardized field sobriety tests where there is a reasonable suspicion that a driver has a drug in his or her body. These are physical coordination tasks administered roadside which measure whether a driver can multi-task. It would also allow police to demand drug recognition expert evaluations where the officer reasonably believes that a driver committed a drug-impaired driving offence. These are administered at the police station by a trained evaluation officer. Last, clause 2 would allow police to demand a sample of a bodily substance if the evaluating officer identifies that the impairment is from a specific type of drug.
Under Bill C-16 the result of an evaluation by an evaluating officer may be admitted as evidence in a criminal proceeding involving driving under the influence of an illegal psychoactive substance. Research indicates that 5% to 12% of drivers may now drive under the influence of cannabis and that this may increase to as much as 20% for male drivers under 25 years of age in British Columbia.
An examination of blood samples, driver records and crash records of 227 fatally injured drivers in B.C. showed that 11% involved alcohol and drugs and 9% involved drugs only. The most frequently found drug was, as members can guess, THC, the main psychoactive ingredient in cannabis. The Vancouver police have concluded that the involvement of drugs in driving is a significant factor adversely affecting highway safety and consequently should be of major concern to all Canadians.
A criminal case wrapped up last month in Surrey involving a youth who crashed his Ford Mustang into a rock fence in the 6,200 block of 264th Street, killing two of his passengers, both 16 years old, and seriously injuring a third one. According to a toxicologist, the young man had 144 micrograms of THC per litre of his blood. A level of 35 micrograms would affect a driver's ability to operate a motor vehicle; his level was more than four times that.
However, despite the evidence, the Crown was unable to obtain a conviction for driving while impaired by marijuana. It was simply too difficult under the current law. It is shameful for the lawmakers in the House.
The youth still has his driving licence and the parents of the deceased must watch this young man drive past their homes knowing that he was responsible for taking the lives of their sons. It is a pity.
The government has chosen to decriminalize marijuana without first ensuring that the necessary training, the tools and the ability to prosecute people for drug-impaired offences are in place. This legislation comes as an afterthought to the government. It is a delayed response to the intense criticism levelled against it by my party and other groups.
But even with Bill C-16, the training of law enforcement officers in the techniques to conduct field testing will not be complete until as late as 2008. The Liberal government of course intends to decriminalize marijuana long before that. Officers should be trained before the government proceeds with decriminalization.
According to data provided by the Senate Special Committee on Illegal Drugs, only 0.8% of marijuana users are charged with possession. That is less than 1%. Based on those numbers, there seems to be little excuse for rushing into decriminalization before the police are ready to deal with it.
As well, of the $11.9 million in funding being spent to address drug-impaired driving, some funding should be allocated for research into new technologies that would assess drug impairment on site, such as those that currently exist for detecting the presence of alcohol in blood.
In October 1995, ICBC sponsored the training of approximately 30 police officers in the field of drug recognition. This was the first course of its kind to be held in Canada. The intent of the drug recognition expert or DRE program was to give police officers the skills to detect and prosecute drug-impaired drivers. ICBC saw a need for this program because B.C. studies indicated that impairment due to drugs was involved in 15% to 20% of all driver fatalities.
So far the program has been extremely successful. Hundreds of 24 hour driving prohibitions have been issued to drivers affected by drugs. Several criminal court charges for driving while impaired by drugs have also been approved, resulting in court convictions. Since 1995, 15 of the original DREs have become DRE instructors. In March 1998 another DRE course was held in B.C., bringing the total number of DREs to over 50.
The government appears determined to proceed with loosening the laws concerning the use of marijuana. Decriminalization of marijuana, especially without an effective national drug strategy in place, will undoubtedly result in increased use, especially among young people.
The Conservative Party supports legislation that improves police officers' ability to detect drug impairment and detain suspected drug-impaired drivers for testing. We are concerned, however, that Bill C-16 would not train enough police officers in detection methods soon enough. As it stands now, sufficient officers will be trained only by 2007 or 2008, long after the Liberal government intends to decriminalize marijuana. That is not effective legislation.
Officers should be trained before decriminalization, not after. If we decriminalize the use of marijuana and then start training police officers, what is going to happen on the streets? There will be more accidents, more deaths and more innocent lives lost. That is not acceptable.
The Liberals are putting the cart before the horse. They have failed to recognize the need to lay the groundwork before proceeding with the decriminalization of marijuana. They have not even studied the consequences of decriminalizing marijuana to the extent of the quantity they have allowed. The Liberals are in the process of risking increased marijuana usage and opening up the possibility of an increase in deaths on our highways. Canadians expect better from the government.