Now-Leader file photo

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

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

A B.C.-based 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.”

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 MORE: 10 things still illegal in the new age of recreational cannabis

Asked why the feds would bother with it, then, Leamon said the approach the government has always taken to 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.”

RCMP Lower Mainland District spokesperson Sgt. Janelle Shoihet told Black Press Media 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

Shorthanded Trail Smoke Eaters end rough road trip

The Trail Smoke Eaters drop all three games of Mainland Division road trip

CP Holiday Train headed to Castlegar

The festive food bank fundraiser will take place December 12.

Kootenay communities owe names to Chinook jargon

Place Names: Taghum, Lebahdo, Sitkum Creek, and Chahko Mika come from pidgin trade language

Trail police looking for tips to identify vandals

Greater district detachment reports several business were tagged with spray paint

WorkSafeBC investigating serious incident at Trail landfill

Incident shuts down McKelvey Creek landfill Friday morning

VIDEO: SNL skewers Trudeau’s mockery of Trump in high school cafeteria sketch

The three world leaders won’t let Trump sit at the cool kids’ table

B.C. universities post $340 million worth of surpluses thanks to international student tuition

Students call for spending as international enrolment produces huge surpluses at many universities

Conservatives urge Morneau to deliver ‘urgent’ fall economic update

Morneau says the first thing the Liberals plan to do is bring in their promised tax cut for the middle class

INFOGRAPHIC: How much money did your local university or college make last year?

B.C. university and colleges posted a combined $340 million surplus in 2018/19

B.C. creates $8.5M organization to improve safety for health care workers

Group will bring together unions, province, health care organizations

Kovrig clings to humour as ‘two Michaels’ near one year in Chinese prison

Their detention is widely viewed as retaliation for Canada’s arrest of Chinese high-tech scion Meng Wanzhou

B.C. VIEWS: An engine that hums right along

First Nations are leading a new surge of investment in B.C.

Brain injury from domestic abuse a ‘public health crisis,’ says B.C. researcher

Nearly 80% of the domestic violence victims who reported to police last year were women

Most Read