Debates of March 6, 2018 (day 20)

Date
March
6
2018
Session
18th Assembly, 3rd Session
Day
20
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Hon. Caroline Cochrane, Ms. Green, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. McNeely, Hon. Alfred Moses, Mr. Nadli, Mr. Nakimayak, Mr. O'Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

Question 207-18(3): Roadside Testing for Cannabis-Impaired Driving

Thank you, Mr. Speaker. Mr. Speaker, with Bill C-46, the federal government has proposed changes to drug-impaired driving laws in response to the impending legalization of cannabis. I have questions for the Minister of Justice about how these laws will be handled in the NWT. I know we can't discuss legislation that is before a standing committee of this House, so we will keep the discussion confined to the enforcement of the proposed federal legislation and not touch on our own legislation.

Nationwide, the RCMP have been testing roadside oral fluid swabs as a way to detect drug-impaired drivers. These devices are supposed to be able to detect whether a person has consumed one of several types of drugs, including cannabis, in the previous few hours, which is a relatively tight timeframe when compared to blood and urine tests, which can detect THC in the system for days or even months. However, there are still concerns. Similar devices have been used in the UK and Australia for a few years now, and there are still questions about their accuracy and about the lack of scientific data when it comes to determining what actually constitutes impairment. We want to keep the streets safe, but we want to also make sure that we don't charge innocent people.

I have some questions for the Minister. The first one is: could the Minister please provide this House with a summary of the type of roadside testing that we will be employing in the NWT to detect drug-impaired driving? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Minister of Justice.

Thank you, Mr. Speaker. This of course is federal legislation, and the federal government has contemplated some very ambitious changes to the criminal code that will set a legal limit for certain drugs or drugs and alcohol together in a driver's system, the various penalties that can be applied, and the rules around law enforcement, which will allow them to demand drug testing, what tests can be used, and what happens when someone refuses to take the test. I understand that the oral fluid drug screener has been used for some time. I am told that it is highly accurate, so hopefully we wouldn't have people charged that shouldn't be charged. As I mentioned, the proposed levels involve a certain amount of THC in the system; I think it is 2 nanograms. If it is 2 but under 5, that would be a summary conviction or a less serious charge; at or over 5, a more serious offence. It is a hybrid, which means that it could be summary or indictable, a lower limit of 2.5, if it is combined with 50 milligrams of alcohol.

Now, I am not certain whether all of this proposed law will come into force, but that is the proposal. We are also assured by the federal government that the oral testing kits are accurate. Thank you.

From what I have read, including in the report by Public Safety Canada on the effectiveness of these devices, their effectiveness is very much based on the training that the officers receive. Could the Minister please give us some details about how many officers in the territory are trained, maybe how many will be trained, and where these officers might be located, any details he can provide about the training?

Yes, there are really two types of training. There is the standard field sobriety test called the SFST and, also, evaluations by drug recognition experts. Now, I understand that, currently, there are 10 SFST-trained officers who are located in Hay River, Yellowknife, Inuvik, and Behchoko, and there are also three drug recognition experts, two with the traffic division and one in Yellowknife Detachment. These numbers will doubtless change over time as officers are transferred in and out of the Northwest Territories, but we hope that these numbers will increase.

I believe the Minister said there were three drug recognition experts, and I think that is the type of training that I am talking about. Does the department have a plan to expand this training so that all officers receive it at some point, and can he give us some details on that plan?

I rather doubt that we would be training all officers, but three certainly does not seem to be very many. I understand that a funding proposal was launched in mid-February. They expect to finalize the proposal by March. The GNWT has been informed by Public Safety Canada that areas of funding will include -- I am reading here -- "investments to increase capacity of police services to train members as drug recognition experts (DRE), investments to increase capacity of police services to train members in standardized field sobriety testing, and investments to purchase oral fluid testing devices."

The federal government is taking this matter very seriously. They have clearly allocated funds. I am not sure how much money will be headed our way, but we will be making application for funds.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Kam Lake.