Thursday, March 28, 2024

Canadian government passes new impaired driving laws

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Not long after recreational cannabis legalization received royal assent, another bill was passed by the Canadian government.

Bill C-46 goes hand-in-hand with legalization, giving police forces more tools and liberty to apprehend drivers impaired by alcohol and drugs.

This bill introduces major changes to impaired driving laws, some of which have been deemed controversial.

Here’s what you need to know

  • As of December 2018, police officers can pull over any driver and require them to take a roadside breathalyzer test, without needing reasonable suspicion that the driver is under the influence.
  • Anyone who does not comply with the officer(s) in taking the breathalyzer test will face the same charges that apply to impaired drivers.
  • Officers will now have roadside devices that test the presence of THC, cocaine, and methamphetamine in saliva. Police will need to establish reasonable suspicion to use these devices.
  • Similar to blood alcohol levels, the bill establishes a THC level, allowing officers to charge impaired drivers based on the amount of THC in blood.
    These are government’s proposed blood THC level limits and the corresponding penalties:

    • THC level between 2 and 5 ng: lower-level offence with a fine of up to $1000
    • THC level above 5 ng: same penalties as an alcohol-impaired driving conviction, including mandatory minimum penalties of a $1000 fine on a first offence, 30 days imprisonment on a second offence and 120 days imprisonment on a third offence
    • Mixture of a THC level above 2.5 ng and a blood alcohol concentration above 50 mg per 100 mL: the same penalties as above.
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Brishti Basu
Former Senior Staff Writer and Content Manager at Victoria Buzz.

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