Mr. Speaker, the NDP is pleased to indicate to the House that we, like the other parties, are quite interested in having this bill referred to committee. We recognize that it has a significant role to play in dealing with drivers and conductors of other vehicles who are in an impaired condition, both in terms of identifying them and dealing with the results of them breaching the law.
There are clearly some positives in this bill, but there also are some negatives. This bill has become a pressing issue in the form of its necessity because of all the debate that we have had around Bill C-10, which would have the effect of decriminalizing small amounts of marijuana.
I must say that from my period of time when I was practising criminal law, I am not sure we are going to see any increase in the number of people driving while impaired due to the consumption of marijuana. That conduct is going on now. In many respects, because it is completely illegal now, I would suggest it is worse than it will be once it is legalized and have the result at that point of people knowing when and how much they can consume, and generate more appropriate conduct in terms of the safety of the general public.
I think because the maximum consumption allowed, in terms of possession, is 15 grams, people will know that is the limit. They will also know that because they are limiting themselves in that regard, they have to limit the consumption in terms of its impact if they are driving or, what would be obviously preferable, that they do not drive at all, or conduct any other types of mechanical devices on public roadways, waterways, or airways, if they have consumed any marijuana whatsoever.
I am actually looking for an improvement in the number of people who would be conducting themselves in more appropriate and safety conscious fashion.
The other point that I would like to make with regard to the legislation itself--and it is one concern that we have and I am not sure we are going to be able to overcome this as we go through the legislative process, it is one that will have to be overcome by changes in practice of law enforcement--is the fear we have that this type of legislation could in fact be used in a discriminating fashion against visible minorities, against the aboriginal Métis population, much as we are seeing some of that occurring now in other areas of law enforcement.
This one is much more open to that type of abuse because it would allow a police officer unreasonable grounds to stop someone, conduct the investigation, and then carry on to insist that they provide urine or blood samples, saliva samples, et cetera. So it is more open to abuse.
The use of the breathalyzer and the use of the assessment whether somebody is impaired due to alcohol is more clear-cut. The evidence that was heard at both Bill C-10 and other investigations into the legalization of marijuana made that quite clear. It is easier for a police officer to identify people who are under the influence of alcohol than if they are under the influence of marijuana or some other drug. However, because of that difficulty, it is then easier for police officers who are being abusive of their authority to camouflage the fact that they are in some way or another discriminating.
I do not want to suggest in any way that this is rampant in our society and certainly within our police forces, but we do have exceptions and we have seen that across the country, in a number of ways, over the last good number of years as we have followed those types of abuses. This legislation, therefore, will have to be closely analyzed to see if there are any ways that we can reduce that type of abuse flowing out of these amendments.
The other point I would like to make is with regard to how some of the tests actually would be conducted. This is one of our concerns with the legislation. The legislation as drafted provides that a blood sample would have to be taken by a qualified medical practitioner. Obviously of concern are the rules we are going to have to put in place under this legislation to guide how that blood sample is taken. They must be very clear cut and very directive and, as much as possible, limiting in terms of invasion of privacy and invasion of the body's well-being.
That wording is in the legislation. I applaud that. It specifically says that the medical practitioner has to do an analysis as to whether the sample taking will in any way cause further injury to the individual. That is important, but I think we have to go even further.
With regard to the taking of other samples, we run into all sorts of practical problems. The committee reviewing this will have to look at some of these issues. For instance, in taking urine samples, there is the whole issue of how one monitors the person. There is the whole issue of the invasion of privacy. Is there a full search of the individual, including body cavities, in case the person is carrying around a urine sample? These are all issues we have had to deal with in enforcement of drug laws in other areas and we are going to be confronting them again under this legislation.
We as parliamentarians will need to be conscious of those problems when drafting the legislation. As much as possible, we will need to be prepared to provide direction to the enforcing officers so that abuse does not occur but samples can still be obtained in a fair and just way.
The additional point I would like to raise, which is one that we heard earlier from the member from the Bloc Québécois, is the issue of funding. There is no provision in the legislation for cost sharing on the expenses that are inevitably going to come out of this, first with regard to training our police officers right across the country on what they are required to do and what they are entitled to do and in effect teaching them how to do it.
Based on my own experience when I was practising law, at the time when the breathalyzer was coming into effect we had a lot of difficulties with it, including a lot of litigation as to what was required for the person to be properly trained and for the equipment to be properly used.
It is an expensive process to prepare our police forces right across the country for what is being proposed under this legislation. It is being mandated by the federal government. While we might pass these amendments to the code, while doing that we are not providing any financial resources. That burden, then, as so often has happened with this government, is going to fall onto provincial and municipal governments. Neither one of those levels of government, with the exception of one or two of the provinces, is in any kind of shape to take on additional costs for their policing.
One of the results may very well be that municipal police forces simply may not even attempt to use the bill because they cannot afford to train their officers and may not be able to afford some of the necessary equipment. For example, there will be a need for specific storage facilities for keeping both blood and urine samples and that is going to be expensive. Other types of equipment may very well be necessary on site in the police stations across the country. If that is not provided for by at least some significant amount of funding from the federal government, we may see police forces across the country simply refusing to use this legislation because they cannot afford to.
We have these concerns. However, because of what we are doing with Bill C-10 and the need generally to bring under control the consumption of drugs of various sources and the conducting of vehicles, it is very important to proceed with this legislation.