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So if subjective testing won’t hold up in court, something needs to be added to get convictions. And if you go on the government of Canada’s website as it relates to Bill C-46, the term “Approved Screening Device” appears eleven times in a 22-page document. The Department of Justice website clarifies:
“Clauses 3(1)-(5) and 4 (new section 254.01) expand the use of ASDs to include devices that test bodily samples (for example, oral fluid) for the presence of drugs (“drug screeners”). An officer could demand that an individual submit to a test on a drug screener where the officer has reasonable grounds to suspect that the individual has a drug in his or her body. Any such screening devices would have to be approved by the Attorney General of Canada.