Drug-Driving Law Premature

“Action is needed now,” says Therien, “but the priority must be public safety and not criminal sanctions. The proposed changes are premature, and may stand in the way of more effective measures.”

The Criminal Code is not the only tool available to deal with drug-impaired driving. Provincial and territorial traffic codes also have sanctions for persons suspected of driving while impaired. For example, police can suspend a driver’s licence if any type of impairment is suspected, taking potentially dangerous drivers off the road immediately, and give them a strong warning. The Canada Safety Council recommends the use of such administrative suspensions in cases of drug-impaired driving until defensible criteria and measurement tools are available for all impairing drugs and combinations.

Of particular interest to the Canada Safety Council is the federal government’s promise of millions of dollars to train police officers to detect drug impairment. Therien stresses that the training is urgently needed and urges the government to proceed with it aside from Bill C-16.

A significant number of Canadians use cannabis, and some drive under its influence. Cannabis is the most commonly detected drug other than alcohol in fatally and seriously injured drivers. In about half of all cases, alcohol is also present. This combination produces severe impairment and dramatically increases crash risk.

Cannabis is an illegal substance. It will remain illegal even if the government de-criminalizes possession of small quantities. The underlying problem, Therien says, is that so many are using it, especially young people. He does not believe criminal punishment for drivers who use the drug will change this. A strategy is needed to reduce cannabis use.

Roadside breathalysers provide an easy, effective and convenient way for police to detect and measure the presence of alcohol. However, there is no similar method to test for cannabis. Testing is complicated by the fact that cannabis can be detected in the body long after its impairing effects have worn off. Even if a such a test were available, a defensible criminal limit would have to be set.

Drug-impaired driving also includes impairment by legal drugs. Studies have found a significantly higher crash risk in people taking benzodiazepenes, which are prescribed to combat anxiety and insomnia among seniors. The impairment may even be higher than that from cannabis.

Even over-the-counter drugs can reduce driving ability. Antihistamines can cause drowsiness and poor concentration. Tranquillizers or cold remedies, such as cold tablets, cough syrup, and sleeping pills, can reduce driving ability. Combinations of medications can also produce unexpected side effects and bad reactions. Combining alcohol with medications is very risky — especially for seniors because aging reduces the body’s ability to metabolize it.

The federal government must seriously assess whether it wants to criminalize persons (many of them seniors) who drive under the influence of prescribed and over-the-counter pharmaceuticals.

Therien concludes by calling Bill C-16 a typical quick fix. He says it ignores key factors such as enforcement of existing laws, the underlying cause of the problem, and an analysis of the situation as a whole.

June 2005

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