In a recent decision from Saskatchewan, a driver has been acquitted of impaired by drug despite the evidence of a Drug Recognition Expert (DRE). The expert had relied on the following evidence in forming his opinion: • Reddish face; • Cannabis on his...
Every year, tens of thousands of Canadians are involved in a drunk or drugged driving incident, and many more people are stopped before they get into an accident. Because these offences are fairly common, people tend to underplay the consequences of a charge. However,...
The impaired driving provisions prohibit the operation of a conveyance while the person's ability is impaired by drug or alcohol or by a combination of both (Section 320.14 of the Criminal Code). As of December 2018, a conveyance means a "motor vehicle, a vessel, an...
Lorsque le gouvernement libéral a décidé de légaliser la marijuana, le gouvernement a aussi clairement indiqué qu'il apporterait également des modifications aux lois sur la conduite avec facultés affaiblies par la drogue. Ces changements sont entrés en vigueur le 17...
You are arrested (perhaps for an impaired driving charge) and in police custody, asking to speak to counsel of your choice. Police contact this lawyer who does not pick up the phone. Police then ask you if you wish to speak to duty counsel. Is there any problem with...
When the Liberal government decided to move toward the legalization of marijuana, it made clear that it would also be making changes to Canada's impaired by drug driving laws. Those change came into effect on October 17, 2018. The most significant changes fall into...
Now that marijuana is legal in Canada, the likelihood of people driving high (or mpaired by marijuana) has risen. Unlike alcohol, however, there is no easy test to determine if someone is legally impaired by marijuana. The Federal Government has approved a device, the...
In impaired driving and over 80 cases, the law for years has been that if the police stop an individual on the side of the road they could demand they blow into a roadside screening device only if: - the demand was forthwith; - the officer had reasonable grounds to...
There are many questions on the minds of Canadians regarding the use of recreational cannabis and driving. How long do you have to wait after consumption to drive? How does cannabis impair your driving ability? Is cannabis treated the same way as alcohol? These Are...
A request to walk in a straight line, or take a breathalyzer test, may be expected if you are pulled over under suspicion of drunk driving. But what options are available to police officers when they suspect someone has been driving under the influence of cannabis?...
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