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

Another positive year for Ridley Terminal, coal shipments leading the way

Ridley Terminals Inc. held their annual meeting on Tuesday, June 18

Transport Canada reveals more details on 2018 leak at northern B.C. port

An unknown substance sent five employees to hospital at Prince Rupert’s container terminal

Rupert Runners share memories of beloved volunteer Leslie Peloquin

Distance runner Peloquin was a Learn to Run coach in Prince Rupert for years, inspiring many

Prince Rupert marine business adds second catamaran to its fleet

100-passenger Aurora was launched this year for the Rio Tinto Kemano tunnel project

VIDEO: Acknowledging skeptics, finance minister vows to build Trans Mountain project

Bill Morneau said he recognizes ‘huge amount of anxiety’ in Calgary over future of oil and gas sector

Slain friend motivates rookie football player to make it with hometown B.C. Lions

Jaylen Sandhu, stabbed to death in 2014, a source of inspiration for promising RB Jamel Lyles

B.C. Maxim Cover Girl semi-finalist victorious despite second-place finish

Brandi Hansen says her main goal was to spread an empowering message to others

Home care for B.C.’s elderly is too expensive and falls short: watchdog

Report says seniors must pay $8,800 a year for daily visits under provincial home support program

B.C. ‘struggling’ to meet needs of vulnerable youth in contracted care: auditor

Auditor general says youth in contracted residential services may not be getting support they need

Pair of B.C. cities crack Ashley Madison’s ‘Infidelity Hotlist’

Data from the website reveals Abbotsford and Kelowna hottest spots for cheaters

Life’s work of talented B.C. sculptor leads to leukemia

Former Salmon Arm resident warns of dangers of chemical contact

Billboard posted along B.C.’s Highway of Tears to remember missing and murdered Indigenous women

Billboards featuring Indigenous artwork to be placed in Surrey, Kamloops and near Prince George

Federal cabinet ministers visit Edmonton, Calgary, in wake of TMX approval

Natural Resources Minister Amarjeet Sohi is set to visit Trans Mountain Corp.’s terminal in Edmonton

Most Read