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

North Island Midget Eagles get their feet wet against Alberni Valley Bulldogs

The North Island Midget Eagles travelled down island to face off against the Bulldogs.

Candidates illuminate different visions of Port Alice’s future

The candidates were asked if they believed the pulp mill could run again.

VIDEO: Terry Fox Run returns to Port Hardy for the first time since 2016

All told, Port Hardy’s Terry Fox Run raised $2,200.30 with more still coming in.

2019 FEDERAL ELECTION: Meet the candidates for the North Island-Powell River riding

In an effort to inform the North Island-Powell River riding constituents, we… Continue reading

Port Hardy celebrates Pride Day at Sacred Wolf Friendship Centre

In the evening, FISH TACO: A Seaside Drag performance was held at the Quarterdeck Pub.

VIDEO: Drone footage documents work to free salmon at Big Bar landslide

Video shows crews working to remove rocks and wood, and transporting salmon by helicopter

Defense says burden of proof not met in double murder case against Victoria father

Closing statements begin in trial for man accused of killing daughters Christmas 2017

B.C. dog breeder banned again after 46 dogs seized

The SPCA seized the animals from Terry Baker, 66, in February 2018

Surrey mom allegedly paid $400,000 for son in U.S. college bribery scam

Xiaoning Sui, 48, was arrested in Spain on Monday night

Three dogs found shot dead in Prince George ditch

The three adult dogs appeared to be well cared for before being found with gunshot wounds, BC SPCA says

B.C. party bus company to be monitored after 40 intoxicated teens found onboard

Police received tip teens and young adults were drinking on party buses and limousines in Surrey

Rick Mercer calls out Conservative candidate in B.C. for fake meme

‘Not true. All fake. Please Stop,’ tweeted Rick Mercer in response

Bear killed in Kimberley after chasing girl, wreaking havoc on town

This particular brown-coloured bear has been the subject of many calls this summer; very food habituated, CO says

Vancouver Island man bikes through B.C. Interior for mental health, addiction awareness

Vancouver Island Resident Mat Fee is approaching the final phase of his cross-Canada bike journey to raise awareness about addiction recovery.

Most Read