POLICY REPORT PUBLIC SAFETY Date: July 31, 1995 Dept. File No.: PRA 95-006 TO: Vancouver City Council FROM: Chief Constable SUBJECT: Impaired Driving Legislation RECOMMENDATION THAT City Council forward a resolution to the Solicitor General of Canada to amend the Criminal Code of Canada to empower police to seize evidence to support charges of impaired driving by drugs. CHIEF CONSTABLE'S COMMENTS The Chief Constable RECOMMENDS approval of the foregoing. COUNCIL POLICY There is no relevant Council Policy. PURPOSE The purpose of this report is to obtain Council's endorsement of a resolution to recommend to the Solicitor General of Canada that the Criminal Code of Canada be amended. The amendment empowers police to demand suitable samples to enable toxicological analyses to provide evidence in support of charges of impaired driving due to drug impairment. BACKGROUND Police officers have the legal authority to demand a breath sample when they have reasonable grounds to believe that a driver's ability to operate a motor vehicle is impaired by alcohol. Although the Criminal Code includes impairment by drugs, police officers do not have legal authority to issue a demand for suitable samples of blood, breath or urine to enable drug analysis. The demand for breath samples is made to uninjured drivers impaired by alcohol. Police officers may demand blood samples from hospitalized injured drivers when alcohol impairment is suspected, provided the suspect is conscious. A warrant to seize blood samples may be obtained for unconscious, injured drivers who are hospitalized. Impairment by drugs is not included in the blood demand and blood samples may be tested for alcohol impairment only. The Canadian Association of Forensic Scientists, Drugs and Driving subcommittee, supports amendment to the Criminal Code of Canada to enable the police and the courts to apprehend and prosecute drivers - 2 - impaired by drugs. The Insurance Corporation of British Columbia has committed to a program to sponsor police officers at a Drug Recognition Trainers' course in the United States. The Drug Recognition Experts develop sufficient expertise to determine, with a high degree of statistical probability, the drug family a suspect has used based upon analysis of observed symptoms. With this information, costly toxicology tests can be narrowed to search for specific suspected drugs. Through this drug identification process, enforcement is streamlined, accuracy improved and impaired drivers taken off the road provided police officers can also demand samples of blood or urine to enable toxicological tests to measure for the presence of drugs. The United Kingdom Road Traffic Act allows Police officers to demand blood, breath and/or urine samples when the Constable has reasonable grounds to believe a driver's ability to operate a motor vehicle is impaired by alcohol or drug. The demand is very broad based, covering every possibility, at the initial stages. Impaired drivers are often under the influence of both alcohol and drugs; therefore, the suspect's breathalyser reading is low, while physical symptoms indicate moderate to severe impairment. If a suspect's breathalyser reading is low, the Constable then provides the driver the option of providing a blood or urine sample, with the Constable having the final authority to determine which it is to be. A Police Surgeon is then called in to obtain blood samples, if blood is the chosen sample. Urine samples are seized using appropriate test tube vials. Failure to provide samples of any type is, as in Canadian legislation with breath samples, a criminal offence. Despite the current extensive Counterattack campaigns to prevent impaired driving, the percentage of impaired drivers apprehended, compared to those actually impaired by alcohol, may be only 10%. Alcohol metabolizes in a person's body relatively quickly compared to drugs, some of which remain for days, impairing a driver's ability to operate a motor vehicle. Should that person also consume alcohol, with drugs in their system, the alcohol enhances the degree of impairment to a dangerous level. It is difficult to assess how widespread a problem impairment by drugs actually is due to the lack of legislation and enforcement statistics. Drug impairment is analyzed in fatal vehicle crashes where post-mortem toxicology tests are done. Extrapolating the ICBC data from fatalities to injury, non-injury and property damage only crashes, drug impairment may be involved in 20% of all vehicle crashes in British Columbia. If drivers not involved in a crash, but impaired by drugs, equal those impaired by alcohol who are not apprehended, the magnitude of the problem is severe. ICBC Vehicle crash data from 1991 identifies drugs were involved in 10,200 crashes, representing 20% of 227 fatalities, with a cost for death, injury and property damage totalling $125,300,750. "There - 3 - is a constant relationship between alcohol and drug use within crash categories and a decrease in that use correlates with a decrease in crash severity. Drugs other than alcohol play a significant role in the generation of driver impairment and traffic crashes."1 SOCIAL IMPLICATIONS An amendment to the Criminal Code of Canada enabling police officers to effectively deal with impaired drivers, regardless of the source of impairment, will make the streets safer for all citizens. Enhancing the ability of the police to detain all impaired drivers, ultimately reduces the number of motor vehicle crashes, fatalities and property damage. This improves the quality of life for everyone with fewer deaths and injuries as well as lower Health care, emergency service and insurance costs associated with motor vehicle crashes. FINANCIAL IMPLICATIONS There are no financial implications associated to this resolution. IMPLEMENTATION AND COMMUNICATION PLAN Implementation of this resolution is through communication to the Solicitor General. CONCLUSION A Criminal Code amendment is recommended to impaired driving legislation to enable police officers to demand blood, breath and/or urine samples for analysis of alcohol and/or drugs. New legislation allowing police officers to decide what type of samples shall be obtained is designed to facilitate prosecutions of offenders. The addition of urinalysis to impaired driving sections of the Criminal Code will enable prosecution of impaired drivers without such an invasive procedure as drawing blood samples. The section of the Criminal Code dealing with refusal to provide breath samples would expand to include refusal to provide blood or urine samples. With the prevalence of drug use, in a society dependant on motor vehicles, it is essential that police be empowered with laws that allow effective enforcement to reduce the death, injury and financial expense from impaired driving. ___________________________________ 1. Mercer, G. William, Ph.D., An Estimation of the Presence of Alcohol and Drugs in Traffic Accidents in British Columbia. December 1994 * * * * *