BC Police Have Laid Zero Charges Under Canada’s New Drug-Impaired Driving Laws But Ontario Has Issue

gb123

Well-Known Member
It's difficult to charge people in bigger cities.
Stephanie Hilash4 days ago
Updated on July 24 @ 04:31 PM

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Since cannabis has become legal in Canada, laws have been made to eliminate and catch drug-impaired drivers. While this may sound fine in theory, it has been proven difficult to do so in several instances. So much so, that BC police have actually laid zero drug-impaired charges under Canada’s driving laws.

Following legalization, Parliament passed laws that set blood limits for cannabis while driving. Out of all the Canadian provinces, BC has had no charges of impaired drivers so far, even though there have been charges in other provinces. It's pretty surprising, considering BC can be known by some as the province most commonly associated with pot use.

Toronto police Sgt. Warren Stein told Global News that the main problem with charging a driver under the new drug limits is the need for a prompt blood test. “It’s extremely complicated, and that’s why we don’t use it very often,” said Stein. “It’s literally the last resort.”

According to Global News, one problem is that the suspect has to be brought into the hospital and have blood taken within two hours of the incident. In big cities, this is a huge stretch.

If by chance the police and a suspect do make it to the hospital in time, it is up to the doctor if they will take the blood. Often times, busy emergency wards, understandably, can’t fit it in.

According to the Department of Justice Canada, drivers with blood levels of over two nanograms of THC per milliliters can be charged. Anyone over five nanograms would face more serious penalties including mandatory minimum jail time after a first offence.

While no charges have been issued in B.C., other provinces have been taking advantage of the fines. Ontario has laid exactly 100 charges by the end of June 2019 - although they are largely focused on smaller more rural areas, according to Global News.
 

VIANARCHRIS

Well-Known Member
There is no mention of convictions in the other provinces?
In BC, the police can't lay charges, that has to be done by a crown council. There needs to be a reasonable likelihood of conviction or they won't charge or prosecute. Could be the difference.
Or it could be that we've always driven high so everyone thinks it's normal.....?
 

GreenHighlander

Well-Known Member
I don't know the numbers but I know they have been steadily charging people here in Nova Scotia. In some cases they have impounded vehicles , fined drivers, and suspended licenses all without charges.
At least Ontario has a difference between rec users and med users when pulled over. Here nobody is below the allowable ng if they consume regularly.
" Legalization " Has made me an illegal driver at all times. Getting pulled over is on my mind whenever I drive now
The changes that were made to the impaired driving laws have given the police a really great tool for harassing people for no reason.

Cheers :)
 

VIANARCHRIS

Well-Known Member
In some cases they have impounded vehicles , fined drivers, and suspended licenses all without charges.
Similar to what they CAN do with booze in BC - but I don't hear of it happening much. 24 hour suspensions and full-on impaired charges are common.
Has no one in NS challenged the fines and suspensions? If you are being accused and punished for an offence, you have a right to defend yourself.... you are innocent until proven guilty...at least under the Charter.
 

OldMedUser

Well-Known Member
If you are being accused and punished for an offence, you have a right to defend yourself.... you are innocent until proven guilty...at least under the Charter.
They are probably only charging those they know don't have the means to afford a decent lawyer and will get stuck with one appointed by the crown.

Either that or none of the charges have made it thru the courts yet. How many convictions so far? Unless you plead guilty on your first appearance it can be a year or longer before it goes to trial.

I keep my pot in the trunk when I'm carrying and don't toke until I'm out of town and headed home at the speed limit.

Don't tell the cops but all they have to do is hire a phlebotomist to take the samples and then drop them off at the lab at the hospital. Most docs do not make helping the cops a priority unless the impaired person has caused injury to others.

If the cop thinks you're high then you first have to see one of their DREs and that person is the one that decides if you're high or not and authorizes further testing like blood or other bodily fluids. If it's a cute lady DRE she can have an oral semen sample no problem! :D

:peace:
 
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