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  



                           *     *     *     *     *