Ottawa to legislate mandatory roadside drug tests

OTTAWA, (April 28, 2004) — Truckers will soon have another roadside inspection to deal with.

The federal government yesterday introduced changes to the Criminal Code that would allow trained federal officers to demand on-the-spot urine or blood samples from drivers suspected of being under the influence of either over-the-counter, prescription, or illegal drugs.

Currently only Quebec, British Columbia and Manitoba, have such tests. But drivers there are tested only on a voluntarily basis.

The RCMP has also re-allocated $4.1 million to get the national Drug Recognition Expert program under way. It’s up to the provinces to cover the rest of the bill, Justice Minister Irwin Cotler said. There are 73 certified DRE officers in Canada, and another 38 are in the process of being certified.

Although it’s already illegal to operate a vehicle while impaired on drugs, police currently do not have the same authority to test for drugs, as they have for alcohol-related offences.

Under the new bill, a police officer could demand a roadside physical sobriety test. Failure to provide a sample would be punishable a $600 fine for the first offence, and a maximum of up to five years in jail for subsequent offences.

However, critics pointed out several holes in the legislation. Currently, the Canadian Human Rights Commission rules against employers, for example, who randomly test employees in safety-sensitive positions for drug use.

The policy stems from a 2000 Ontario Court of Appeal decision in the Entrop vs. Imperial Oil human rights case, which ruled random drug testing was off the books because, unlike alcohol testing, positive results show the substance to be in the body’s system, but does not scientifically indicate impairment.

— with files from the Toronto Star