EnforcEmEnt
on thE road
One Of the biggest changes to police
powers under Bill C-46 has more to
do with alcohol than cannabis. The
law gives police officers the ability to
undertake mandatory random breath
screening—meaning an officer may
demand a breath sample from any driver
they lawfully stop, even if there’s no
reason to suspect the person behind the
wheel has consumed alcohol.
For cannabis and other drugs, the
bill also authorizes police to use special
screening devices to screen drivers
at roadside, provided they suspect
the driver has recently used drugs.
But testing for cannabis isn’t as
straightforward as testing for alcohol.
Testing challenges
The cannabis test requires a sample of
saliva. Typically, an officer will rub an
oral swab over a driver’s gums, tongue
and inner cheeks. The swab is inserted
into a machine, which then analyzes
the saliva.
The feds have been reviewing testing
devices. So far, one has been approved
to ascertain the presence of a
drug in a person’s body. It
will likely be adopted by
police services across
the country.
Until then,
officers will rely on
the standardized
field sobriety test—
the same battery of
physical- and mental-
coordination tasks they
already use to identify
impaired drivers.
That said, under Bill C-46,
drivers who fail a roadside sobriety
test must accompany police for further
testing. The law makes it easier for
police to demand blood samples, and
drivers who are suspected of being
impaired may also be interviewed by
Drug Recognition Experts, (DRE)—
police officers who’ve been trained to
recognize the signs of intoxication by
various narcotics, including cannabis.
Next steps
One thing to expect, according to Ian
Jack, CAA National’s managing director
rISKY
BUSInESS
of communications and government
relations, is that there will be an
increase in cannabis use—and likely an
increase in individuals driving while
impaired as well. So it’s important that
law enforcement agencies train more
DREs. “We need to be sure that we can
maintain a high level of public safety;
building capacity for DREs is one way of
doing that,” Jack says.
The availability of reliable
oral-screening devices and
the capability to conduct
impaired driving–
related blood tests
within a two-hour
timeframe will be
equally crucial.
CAA Saskatchewan
also hopes to
see researchers
continue to study
the link between THC,
impairment and road safety,
so that conclusive limits can be
established.
As all levels of government navigate
the issues surrounding legalization,
CAA continues to call for compre-
hensive public education about how
cannabis affects driving ability. “As
we saw with alcohol, public education
will be important in dispelling myths
and reducing impaired driving,” CAA’s
Niemczyk adds. “We are committed
to working with government and non-
government stakeholders to ensure
our roads remain safe for everyone in
Saskatchewan.”
The legalization
of cannabis may
not immediately
impact auto
insurance rates,
but motorists
already face major
consequences
for driving while
impaired—by
alcohol, cannabis
or any other drug
“Driving records have
an impact on insurance
rates,” says Terry
MacDonald of CAA
Saskatchewan Insurance.
“That’s especially true
if there is a history of
traffic convictions and
licence suspensions.”
Like drunk driving,
consuming cannabis
before getting behind
the wheel is considered
impaired driving. An
infraction will be reflected
in the increased cost of
licence renewals and
insurance premiums.
Bear in mind, too, that
if reckless driving were
to increase overall,
insurance claims
may follow, which
could possibly impact
premium rates. It’s in
everyone’s best interest
to drive safe and sober.
27