Saskatchewan Federation of Police Officers 113 offence, but is simply a step that could lead to further testing on an Approved Instrument (AI, or “breathalyzer”), typically at a police station. Eliminating the requirement that an officer form reasonable suspicion furthers the Government’s compelling objective. The evidence shows that, currently, police officers often face many challenges in detecting when drivers have consumed alcohol and so may fail to demand a breath sample. As new section 320.27(2) would authorize a police officer to make a demand without having to make inquiries into whether an individual had consumed alcohol, it would reduce the impact of this kind of human error. It also would increase the deterrent effect of roadside stops by eliminating the perception that motorists could avoid having to give a sample by hiding their impairment. This approach has been introduced in a number of countries, including Australia, New Zealand, Ireland, France, Belgium and the Netherlands. Research in a number of countries demonstrates that it has contributed to a measurable reduction in accidents and deaths on roads and highways. For example, in Ireland, it has been credited by the Road Safety Authority with a 23% reduction in road deaths in the 11 months after introduction. In New Zealand, visible mandatory-screening checkpoints were credited with a 32% reduction in crashes. In the State of Tasmania, serious accidents declined by 24% in the first year after the introduction of Mandatory Alcohol Screening, while in Western Australia, fatal accidents declined by 28% in the first year. Approved Screening Devices (ASDs) Clauses 3(1)-(5) and 4 (new section 254.01) expand the use of ASDs to include devices that test bodily samples (for example, oral fluid) for the presence of drugs (“drug screeners”). An officer could demand that an individual submit to a test on a drug screener where the officer has reasonable grounds to suspect that the individual has a drug in his or her body. Any such screening devices would have to be approved by the Attorney General of Canada. The following considerations support the consistency of this section with the Charter. Like the roadside alcohol screeners that are used under the existing framework, a drug screener is an investigative tool used at the roadside solely to help an officer determine if reasonable grounds exist to believe that an offence has been committed. It would not be used to prove the offence at trial. Like a roadside alcohol screener, a drug screener is a quick, non-intrusive search method that reveals information in which individuals have a limited expectation of privacy given the highly regulated highway context. The provision would require that an officer, before demanding a sample, have a reasonable suspicion that the individual has a drug in his or her body. This reduces the potential for unnecessary administration of the tests. The use of non-intrusive drug screeners subject to the existing framework for the use of ASDs represents a reasonable interference with privacy interests in service of the important purpose of detecting drivers who have consumed drugs. Blood Sampling Clause 3(5) (new paragraph 254(3.1)(b)) enables an officer to demand that an individual provide a blood sample if the officer has reasonable grounds to believe that the individual has committed an offence of driving while impaired by a drug, or of driving with a prescribed BDC, whether or not the officer makes a demand for a Drug Recognition Evaluation (DRE). This is a change from the current approach, in which a blood demand may only be made after a DRE. The DRE is a series of tests intended to determine whether an individual is impaired and, if so, by what substance. This is normally done at a police station. The following considerations support the consistency of this provision with the Charter. The purpose of the change is to effectively enforce the new offences, which are defined in terms of BDC. The only way to prove a prescribed BDC offence using current technology is through a blood sample taken as close to the time of driving as reasonably possible. Obtaining a blood sample in a timely manner is therefore critical to proving these offences, since levels of a drug in the bloodstream can decline rapidly after consumption, particularly for smoked cannabis. This makes it essential to obtain a blood sample promptly, as soon as an officer has developed reasonable grounds to believe that an offence has BILL C-46 CONTINUED
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