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

Contempt charge against Balfour logging protesters dropped on technicality

A B.C. Supreme Court justice ruled Cooper Creek Cedar failed to file a contempt application

Creston Fire Rescue respond to nine calls

Creston Fire Rescue responded to nine calls from Aug 12 – 19… Continue reading

Creston businesses, riders invited to join in Kootenay Lake Gran Fondo

Creston Rotary Club and chamber of commerce organizing September cycling event

Fields Forward Society adding value to Creston Valley cherries

‘Cosmetically unsuitable’ cherries juiced for sharing through Creston, Nelson, Cranbrook food banks

Creston author launching book about Kimberley man’s motorcycle accident

Lori Luczka’s ‘Lost: 7 Hours to Live’ chonicles Paul Kerr’s 2015 accident that claimd his left leg

VIDEO: Canadian zoos’ captive breeding programs help preserve endangered species

Programs considered last-ditch effort to prevent local extinctions of turtles, butterflies and more

B.C. sets rules for ride hailing, same minimum fee as taxis

Larger operating areas seen as threat by cab companies

Two hiking families team up to extinguish fire in B.C. backcountry

Children and their parents worked for three hours to ensure safety of the popular hiking region

Vancouver man arrested after pregnant woman’s SUV stolen, then crashed

Police are recommending charges against a 22-year-old Vancouver man

Elections Canada to assess ‘partisan’ climate change rhetoric case by case

People’s Party of Canada Leader Maxime Bernier has said climate change is not an emergency nor caused by human

Unseasonable snow forces campers out of northeastern B.C. provincial park

Storm brought as much as 35 centimetres of snow to the Fort Nelson, Muncho Lake Park-Stone Mountain Park

Telus customers enraged as outage hits fifth day

Telus.net has been down since Aug. 15

B.C. log export rules killing us, northwest harvester says

NorthPac Forestry says Skeena Sawmills has plenty of timber

Search crews find 4-year-old boy who went missing near Mackenzie

George went missing early Saturday afternoon

Most Read