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Justice committee  This amendment requires suspicion; it is based on what is already in the law for alcohol. The two changes that are being made in it are extending to three hours and, of course, adding the physical sobriety tests that are necessary for the DRE program. As it is currently written,

June 19th, 2007Committee meeting

Greg Yost

Justice committee  I was going to suggest there's another possible scenario. You have the car in the ditch or the accident or whatever, and the person is okay; he's out of his vehicle. The police arrive half an hour later, and he's drinking a beer. This may be because he's trying to avoid any sugge

June 19th, 2007Committee meeting

Greg Yost

Justice committee  It says that there must be reasonable grounds to believe that, in the preceding four-hour period, the person committed an offence set out in section 253. We are still dealing with this section.

June 19th, 2007Committee meeting

Greg Yost

Justice committee  We are still trying to establish whether there are reasonable grounds to believe that the individual committed such an offence. We want such individuals to have to take a breathalyzer. If they fail, we can use a breath test. We are looking for reasonable grounds to proceed to the

June 19th, 2007Committee meeting

Greg Yost

Justice committee  He could compel the individual to take the test. However, before requiring him to take the breathalyzer test, he must have reasonable grounds to believe that the individual has committed an offence during the past three hours. He is facing an individual who has obviously been con

June 19th, 2007Committee meeting

Greg Yost

Justice committee  It would hardly be effective at all in a case like the one you described. However, things would be very different if the individual responsible for the hit-and-run offence and the accident were taken to hospital. If, one hour later, there are reasonable grounds to believe that t

June 19th, 2007Committee meeting

Greg Yost

Justice committee  It is section 256.

June 19th, 2007Committee meeting

Greg Yost

Justice committee  The intent is certainly to separate the two suspicions. This is of course in the context of an investigation for impaired driving. I have some difficulty contemplating a situation in which there has been no strange driving or anything. The police show up at your doorstep two and

June 19th, 2007Committee meeting

Greg Yost

Justice committee  That is correct.

June 19th, 2007Committee meeting

Greg Yost

Justice committee  Yes, the effect of what we are proposing is aimed primarily at situations of accidents where the police are running their investigations. Currently you could have the situation, if there has been some lapse of time, where the police officer--

June 19th, 2007Committee meeting

Greg Yost

Justice committee  That is correct.

June 19th, 2007Committee meeting

Greg Yost

Justice committee  The concern has been raised with us by the provinces that you may have a police officer attending at the hospital who smells the alcohol 20, 30, or 40 minutes later. He now has the reasonable grounds to suspect that there's alcohol in the body, but at that time he may not be able

June 19th, 2007Committee meeting

Greg Yost

Justice committee  The section that we are dealing with naturally stipulates that he must be in possession of drugs knowingly and without any lawful excuse. If the driver does not know that the hitchhiker he has picked up has drugs on him, he cannot be found guilty under section 253.1 as proposed.

June 19th, 2007Committee meeting

Greg Yost

Justice committee  Certainly it was an offence when I was in Manitoba, and I'm assuming it's an offence here in Ontario. I've never taken the chance of running around with open alcohol, but I'm sure it's that way in all provinces.

June 19th, 2007Committee meeting

Greg Yost

Justice committee  It gives—

June 19th, 2007Committee meeting

Greg Yost