Now-Leader file photo

Roadside device to weed out THC can’t detect impairment, lawyer says

‘This fact alone is likely to have serious implications for Canadians’ Charter Rights,’ lawyer Sarah Leamon warns

A criminal defence lawyer says “chances are high” that a roadside screening device that the federal government is set to approve to weed out stoned drivers will be vulnerable to a court challenge.

It’s called Abbott SoToxa, and can detect THC among other drugs.

“The government has abstained from officially approving the device until the 30-day consultation period following its announcing has expired,” noted lawyer Sarah Leamon, counting down from the April 20 announcement. “But now that it’s done, chances are high that the SoToxa will be approved some time this week.”

But the catch is, Leamon says, “it cannot measure drug impairment. This fact alone is likely to have serious implications for Canadians’ Charter Rights.”

homelessphoto

Sarah Leamon, criminal defence lawyer. (Submitted photo)

“The problem with all this technology, at the end of the day, is that it just cannot detect impairment,” she told the Now-Leader. “So it simply detects presence of a drug in the oral fluid, it does not even detect the drug in the blood stream and it says nothing about impairment.”

READ ALSO FOCUS: Canada’s revamped impaired driving law brews ‘potential for injustice’

READ ALSO ZYTARUK: Gee, academics discover smoking pot leads to bad school grades

Asked why the federal government would bother with it, then, Leamon replied that the approach the government has always taken to the issue of Cannabis and driving, following its legalization, “has been to mirror it with the alcohol-impaired driving.

“With alcohol-impaired driving we have those per-se limits where you could be charged with impaired driving, you could also be charged with driving with a blood alcohol concentration over 80 milligrams per cent,” she noted. “They’re trying to mirror that exact same thing for THC but the problem is that alcohol and THC are just completely different animals.

“I think they’re just not approaching it using an informed common-sense approach, for lack of a better term.”

Will the Surrey RCMP be using this device? Sergeant Janelle Shoihet, spokeswoman for the RCMP Lower Mainland District, told the Now-Leader that “any decisions about devices being used would be co-ordinated by our national office and not unique to the BC RCMP.”



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Just Posted

New police force in Surrey must avoid VPD, RCMP errors made in Pickton case: Oppal

Boots are scheduled to be on the ground by spring 2021

PHOTOS: Surrey designer uses toilet paper to make a dress for annual Toronto show

‘The dress is very experimental and avante garde,’ says Guildford-based Alex S. Yu

Police issue warning after four overdoses in North Delta

Police and emergency health services use naloxone to revive four overdose victims Thursday morning

Surrey reacts to policing plan getting the green light

Former mayor, councillors and residents weigh in on the Public Safety Minister approving the transition

Trudeau vows to stand firm against ‘increasingly assertive’ China

China has accused Canada of meddling in its affairs

Conan turns to the Property Brothers for tips on buying Greenland

Jonathan Scott suggests removing glaciers and mountains to bring in ‘more natural light’

Forests minister visits B.C. town rocked by multiple mill shutdowns

A third of Mackenzie turns out for rally, not much to cheer about

B.C. sockeye returns drop as official calls 2019 ‘extremely challenging’

Federal government says officials are seeing the same thing off Alaska and Washington state

Expanded support to help B.C. youth from care attend university still falling short

Inadequate support, limited awareness and eligibility restrictions some of the existing challenges

North Van music teacher accused of sexual misconduct involving girls

Police believe other victims could be out there after the arrest of Lamar Victor Alviar

B.C. family stranded in Croatia desperate to come home

Funds being raised to bring back mom and two children

B.C. man on trial for daughters’ murders says an intruder broke in

Andrew Berry takes stand in his defense for December 2017 deaths of young daughters

Most Read