Chapter 8

Drug Use, Drinking and Driving

Learning Outcomes:

1. Describe the effects of impaired driving and the use of narcotics on Canadian society

2. List the offences connected with drug use

3. Recognize the right of police in the search for and seizure of narcotics

4. Distinguish between restricted and controlled drugs

5. List the offences connected with impaired driving

6. Describe the procedures for roadside testing and taking breath samples

7. Recognize the effect of a conviction for drinking and driving on an offender’s future.

The Narcotic Control Act

In the 1960s there was an increase use of narcotics in Canada.

The LeDain Commission was a royal commission appointed to study the non-medical use of drugs in the 1960s.

The Narcotic Control Act

The Narcotic Control Act:

• Criminalizes possession and trafficking in narcotics• The law governing narcotics is the same across Canada since

crime falls under federal jurisdiction• The Act defines a narcotic as: “any substance included in the

schedule or anything that contains any substance included in the schedule”

• A schedule in the Act lists over 100 drugs considered to be narcotics.

Individuals can be prosecuted under the Narcotics Control Act for the following offences:•Possession•Possession for the purpose of trafficking•Importing•exporting

Possession

• Under the Narcotic Control Act it is an offence to possess a narcotic, unless legal permission has been given to do so.

• Section 4(3) of the Criminal Code defines Possession as:– A person has anything in possession when he has it in his personal

possession knowingly• Has it in the actual possession or custody of another person• Has in in any place, whether or not that place belongs to or is occupied by him

for the use or benefit of himself or of another person; and,• Where one of two or more persons, with the knowledge and consent of the

rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them

Trafficking

The Act defines trafficking as meaning to “manufacture, sell, give, administer, transport, send, deliver or distribute”

– Police can no longer entrap individuals or use physical violence to obtain evidence

– Police also cannot undertake Random Virtue Testing- the practice of investigating an individual for drug offences without having reasonable grounds to do so

Importing and Exporting

• Section 5 of the Narcotic Control Act makes it an offence to import or export any narcotic.

• Arranging for importation can also result in a conviction

• The offence is complete when goods enter or leave the country.

• Maximum penalty: Life imprisonment

Prescription shopping

• Prescription Shopping or double doctoring is when an individual trys to obtain the same prescription from a number of doctors.

• This is a hybrid offence• Max penalty: 7 years

Enterprise Crime and Laundering

• Laundering means to use, transfer the possession of, send, transport, transmit, alter, dispose of, or otherwise deal with any property or proceeds from certain offences.

• Examples: movement of cash, obtained through the drug trade.

The Food and Drug Act

• The purpose of the Food and Drug Act is to ensure that food, medicines, cosmetics and medical devices are safe for Canadian consumers.

• The Act covers controlled drugs and restricted drugs.

• See pg. 218 of the text for Penalties under this act.

Controlled Drugs

• Listed under section G of the Food and Drug Act• Controlled Drugs are drugs legally prescribed by

doctors• Include: Amphetamines and Barbituates, called

“uppers” and “downers”• Barbituates are used as sedatives or hypnotics;

sleeping pills are an example• Amphetamines are used to treat depression and

decrease the appetite to achieve weight loss

Controlled Drugs, Cont’d

Offences related to controlled drugs:– Trafficking controlled drugs– Possess controlled drugs for the purpose of trafficking– “To give” and “to administer” are not included under

the definition of trafficking in the Food and Drug Act.

Restricted Drugs

• Drugs listed in Schedule H of the Food and Drug Act.

• Restricted Drugs are illegal drugs not used for medical purpose, such as LSD – Lysergic acid diethylamide and MDA – Methylene-dioxyamphetamine

• It is an offence to traffic them or possess them for the purpose of trafficking.

Drinking and Driving

• Drinking and driving laws are divided between both federal and provincial jurisdictions.

• The Criminal Code covers criminal offences related to drinking and driving

• In 1985 amendments were made to the Code that introduced new offences, increase penalties, and expand penalty options.

• Criminal code defines a motor vehicle as a vehicle that is drawn, propelled, or driven by any means other than by muscular power.

Operation of a motor vehicle

Offences related to operation of a motor vehicle include:

• Operating a motor vehicle in a manner that is dangerous to the public in a “public place”.

• Fleeing the scene of an accident which the individual is involved in—Actus reus and Mens reas must be proved.

Impaired Driving

Impaired Driving

Statistics in Canada• In 2007, roughly 1.84 million Canadians reported that

they had driven when they felt they were over the legal limit.

• In fact, about one-third of all Canadian drivers killed in car crashes had been drinking.

• Over 1,000 Canadians—impaired and sober—die each year in alcohol-related crashes.

• In total, these crashes cost Canadians over $10.6 billion a year in lost wages, property damage and health-care costs.

-Transport Canada, 2010

Offences for Impaired Driving

There are 4 offences outlined in Section 253 of the Criminal Code:1. Driving while ability is impaired by alcohol or drugs2. Care or control of a motor vehicle when impaired by

alcohol or drugs3. Driving while the blood-alcohol level is over 80, and4. Care or control of a motor vehicle when blood-alcohol

level is over 80

Tests for Impaired Driving

The Criminal Code provides various methods to detect impairment:•Screening devices at the roadside•Breath samples•Blood tests

A Roadside screening test is a demand that a driver breathe into an approved testing device. A breathalyzer is an approved instrument that analyzes a sample of a person’s breath to measure the concentration of alcohol is the person’s blood.

Breathalyzer’s Cont’d

• A breathalyzer must be demanded not requested• Under the Charter of Rights and Freedoms a person has

the right to legal counsel in a reasonable amount of time.

• Breath samples must be taken by a qualified technician• Blood samples may be taken only by a medical

practitioner• Blood samples must be taken within 2 hours of the

offence.

Penalties for Drinking and Driving

• Penalties are outlined in the following slides.• In some provinces a judge may discharge an offender

whom he or she feels would benefit from treatment for addiction.

• Each province has legislation related to drinking and driving

• A convicted offender may be subject to both federal and provincial penalties

• Other ramifications for drinking and driving can include demerit points, which are points taken from a licensed driver and can lead to license suspension.

Provincial Penalties for Impaired Driving

Criminal Code Penalties for Impaired Driving