Use of roadside saliva tests for cannabis impairment remain in question

Drager DrugTest 5000 remains the only technology approved by Ottawa to test saliva for THC concentration

Michelle Gray says she’s afraid to get behind the wheel again after having her licence suspended for failing a cannabis saliva test in Nova Scotia, even though she passed a police administered sobriety test the same night.

Gray has been using medical marijuana for almost eight years to treat multiple sclerosis and she plans to launch a constitutional challenge to the law and roadside test.

“They should not be on the streets and used for testing cannabis impairment,” said Gray, who lives in Sackville. “I think the government legalized cannabis way too fast. I don’t think it was a well thought out plan.”

Six months after legalization, her case illustrates some of the challenges with enforcement facing both police and cannabis users, and highlights the questions that continue to surround the use of technology in roadside tests.

The Drager DrugTest 5000 remains the only technology approved by Ottawa to test a driver’s saliva for concentration of THC, the psychoactive ingredient in cannabis.

Einat Velichover, who manages drug and alcohol detection in Canada for Drager, said the saliva test was never designed to test for impairment.

“Our device is there to really just identify whether there’s a presence of THC. It’s not meant to measure impairment and we never claimed that it does,” she said.

“So really it’s just one tool of many that law enforcement utilize in order to assess impairment and road safety.”

Velichover said that while she appreciates the concerns that have arisen, law enforcement needs to balance cannabis users’ rights with the importance of keeping roads safe.

Justice Department spokeswoman Angela Savard said the Canadian Society of Forensic Science tests and evaluates technology then recommends it to the attorney general for consideration.

If a driver fails the roadside test, the result can be used in developing “reasonable grounds” to believe that a drug-impaired driving offence has occurred and also give the officer grounds to investigate further, she said.

“It is important to note that investigating drug-impaired driving is not exclusively dependent on a drug screener,” she said in an email.

READ MORE: Nova Scotia woman plans constitutional challenge of roadside cannabis test

READ MORE: 10 things still illegal in the new age of recreational cannabis

As of Oct. 1, there were more than 13,000 law enforcement officers trained in standardized field sobriety testing and 833 officers trained as drug recognition experts across Canada, she said. Further training is underway.

Savard said the department expects more technology to be recommended and approved in the future, but couldn’t comment on ongoing evaluations.

Some police departments are declining to use the saliva test.

“For the most part, in British Columbia, police departments have not deployed it. Several departments have a Drager 5000 that we can use and test but we’re all a little bit wary,” said Chief Const. Mike Serr of the Abbotsford Police Department.

Serr said many departments are waiting to get a better sense of the test’s value and are concerned charges could be thrown out if it is challenged in court.

“We’re concerned on how that potentially could play out,” said Serr, who is also the co-chair of the drug policy committee with the Canadian Association of Chiefs of Police.

“It doesn’t give us the quantitative analysis so it really doesn’t provide us much extra beyond what a drug recognition expert can provide us with. So at this point, the practical uses of the tool haven’t really been proven to us.”

In the meantime, he said anecdotal reports from departments suggest the increased training seems to be resulting in a slight increase in drug-impaired driving charges since legalization. In Abbotsford, 30 per cent of frontline police officers are now trained in standardized field sobriety testing and all members of the traffic unit are drug recognition experts.

“That’s something that wasn’t done pre-legalization,” he said.

But as impaired driving continues to be a reality, others say they want to see saliva testing tools used more often.

Eric Dumschat, legal director for Mothers Against Drunk Driving Canada, said the organization is hoping more technology gets approved and rolled out.

“We had expected there would have been more devices approved by this point and hopefully in the longer run, the technology is able to be improved. In an ideal world, we would have the equivalent of the breathalyzer, but alcohol is a very simple molecule compared with THC,” he said.

He said while testing bodily fluids is important to indicate recent use, the increase in sobriety and drug recognition training is better for identifying impairment and has been making roads safer.

“In regards to enforcement, I think it’s going about as well as it can be,” he said.

Amy Smart, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Tahltan reach benefits agreement over Seabridge’s massive KSM gold mine project

$308M agreement provides additional billions for Tahltan jobs, contracts

Researchers to flush Skeena with bright dyes for spill-response study

Kitsumkalum leading effort as rail transport of hazardous materials on the rise

Kitimat couple tops at His and Hers tournament in Prince Rupert

Final day comeback saw the pair edge out the competition

Feds announce funds to replace Kitimat’s Haisla River Bridge

Bill Morneau said Ottawa’s $275 million will also help fund high energy-efficient gas turbines

Gentlemen, and ladies, start your motors!

Kitimat Memorial Hill Climb 2019

Video shows fireworks shot at swan in Alberta

Alberta Fish and Wildlife is investigating the incident in Grande Prairie

‘Text neck’ causing bone spurs to grow from millennials’ skulls, researchers say

Technology use from early childhood causing abnormal bone growths in 41 per cent of young adults

B.C. teen killed by fallen tree on field trip remembered as hero

13-year-old Tai Caverhill was the first to spot the tree falling and warned his friends

Surrey RCMP raises Pride flag amid din of protesters

There were about 30 protesters on either side, and 20 Mounties doing crowd control

Should B.C. get rid of Daylight Saving Time?

The province wants to know, as state governments down south make the move

Air Canada reviewing how crew left sleeping passenger on parked plane

In a Facebook post, the woman said she woke up ‘all alone’ on a ‘cold dark’ aircraft

Canadians crash out of Women’s World Cup in 0-1 loss to Sweden

Canada missed a chance to tie the game on a penalty shot

Four-year-old boy assaulted at B.C. soccer game

It happened at a weekend tournament in Ashcroft

Two bear cubs saved near Revelstoke after mother hit by car

Conservation officers trapped the cubs and transported them to a wildlife sanctuary

Most Read