1. 1 Chapter 6Drug Use, Drinking and Driving

2. 2 Introduction drugs have been defined as any substance that by its chemical nature alters structure or function in a living organism drugs are classified as criminal because using or possessing them is restricted by law the Controlled Drugs and Substances Act was enacted in 1997 which combines the old Narcotic Control Act and sections of the Food and Drugs Act Under the Controlled Drugs and Substance Act a drug is considered any of the drugs named in the Act

3. 3 Four basic schedules of Controlled Drugs Schedule 1 –list the most dangerous drugs, including narcotic such as heroin and cocaine Schedule 2 –lists cannabis (marijuana) and its derivatives Schedule 3 –many of the more dangerous drugs previously found in the Food and Drugs Act, such as lysergic acid diethylamide (LSD) Schedule 4 –list drugs that must be controlled but that have therapeutic use, such as barbiturates defines a controlled substance as being any substance included in Schedule I to IV

4. 4 Possession is an offence to possess any drug listed in Schedule I to III possession of a small quantity of these drugs will lead to a charge of possession Canadians are allowed to possess drugs found in Schedule IV, which are used for therapeutic use one does not need to technically own the drug to "have possession“ having control (store for another) over a drug can lead to a charge if five people share a “joint” all could be convicted of possession the owner of a house where illegal drugs are used, implies consent and he could be charged with possession

5. 5 when prosecuting a drug case, the Crown must prove possession and show that the drug in question is a controlled substance Crown must show that there was intent to possess & that the accused knew that the substance was a drug in 2001 regulations under the Controlled Drug & Substance Act were changed to allow patients with terminal illnesses, chronic conditions, or chronic pain to either grow their own marijuana or designate someone to grow it for them

6. 6 Prescription Shopping or Double Doctoring when people try to obtain the same prescription from a number of doctors offence to seek a prescription from a doctor without disclosing all other controlled drugs or prescriptions for controlled drugs received within the previous 30 days

7. 7 Offences Relating to Trafficking traffic is to sell, administer, give, transfer, send or deliver the substance no person shall traffic in, or possess for the purpose of trafficking, any substance included in Schedules I, II, III or IV or any substance believed to be that substance

8. 8 merely to give drugs to another person constitutes trafficking--no profit motive is necessary amount of controlled drugs seized may determine whether a charge of trafficking is laid onus has been on the Crown to prove that the person possessed the controlled drug for the purpose of trafficking police use undercover agents

9. 9 having a police officer pose as a drug dealer to entrap drug offenders, seem to undermine the integrity of the justice system by allowing the police too many powers police may not undertake random virtue testing, which is the practice of investigating an individual for drug offences without having reasonable and probable grounds for doing so.

10. 10 Importing and Exporting offence to import or export any substance in schedule I to IV simply arranging for the importation can also result in a conviction

11. 11 Controlled substances illegal to produce drugs specified in Schedule I to IV illegal to grow marijuana unless permitted by the federal health department

12. 12 Possession of Property offence to possess any property you know was obtained through the commission of a crime offence to possess the cash obtained from selling the property accepting gifts over $1000 from someone knowing that the gifts were obtained from trafficking, the maximum penalty is 10 years for gifts under $1000 the fine is $2000 plus 6 months to 2 years in prison

13. 13 Laundering means to use, transfer the possession of, send, transport, transmit, alter, dispose of, or otherwise deal with any property obtained through crime money or property is often "laundered" by criminals to remove the taint of the crime penalties are substantial: $2 million dollars and/or five years in jail

14. 14 Police Rights of Search and Seizure warrant can be issued by a judge for a search, under the Controlled Drugs and Substance Act if police believe an offence is in progress an officer may act without a warrant if the situation is urgent and it is impractical to obtain one an officer can use as much force as necessary

15. 15 upon entry an officer can search anyone if there are reasonable grounds to believe that the person possesses a controlled substance the Controlled Drugs and Substance Act does not give police the power to stop and search a person for drugs in a public place. the Criminal code authorizes this type of search

16. 16 Sentencing the Controlled Drugs and Substances Act follows the following principles of sentencing –must encourage offenders to rehabilitate (reform) themselves, seek treatment in appropriate circumstances, and acknowledge the harm done to victims and to the community –must contribute to respect for the law and the maintenance of a just, peaceful and safe society any judge not sentencing a person trafficking drugs to a minor to prison must give reasons for that decision

17. 17 Drinking and Driving 83000 impaired charges were laid in 2000 provinces and territories, which regulate highways, the licensing of drivers, and alcohol consumption, have introduced measures to deter impaired drivers by reducing access to motor vehicles two Criminal Code offences related to the operation of a motor vehicle that often involves impairment are –dangerous operating of a motor vehicle –failure to stop at the scene of an accident

18. 18 Dangerous Operation of a Motor Vehicle offence to operate a motor vehicle in a manner dangerous to the public on a street, road, highway, or other public place “Public place” includes parking lots at shopping plazas and schools, as well as private roads regularly used by the public motor vehicle is any vehicle drawn, propelled or driven by any means other than muscular power but does not include a train to obtain a conviction the Crown must establish fault court must consider the standard of care that a prudent and responsible driver would have exercised

19. 19 Failure to Stop at the Scene of an Accident if involved in an accident you must stop at the scene required to give your name and address to the other party if the other party has been injured or appears to require assistance, you must offer assistance drivers who try to escape the scene while being chased by police are committing the offence of flight

20. 20 Impaired Driving is the main criminal cause of death in Canada four offences under the Criminal Code 1 driving while impaired by alcohol or drugs 2 having care and control when impaired 3 driving with blood alcohol over 80mg in 100 ml of blood 4 care and control when blood alcohol is over 80 mg in 100 ml of blood (the first 2 can be charged if less than 80) "care and control" offence, it is not necessary for the vehicle to be in motion, or even running sitting in the driver's seat implies care or control, unless the driver can establish that he or she did not intend to set the car in motion the term “impaired” is not defined in the Criminal Code

21. 21 impairment can be induced by drugs, vapors from solvents, glues, gasoline, and many other easily available products. court need not factor in a blood- alcohol level that would establish the person as impaired up to the court to determine whether the ability to drive was impaired

22. 22 Tests for Impaired Driving procedures to aid in detection of impaired driving Breath Tests roadside stops can be part of an organized program or done randomly

23. 23 Roadside screening test spot checks test for impaired drivers officer demand that the driver breathe into an approved testing device only if the officer has reasonable grounds to suspect that the driver has consumed alcohol offence to refuse the demand courts have ruled that it is not necessary for the testing officer to show the results of a roadside test to the person tested

24. 24 if roadside test indicates that a breath sample is required the officer will take the driver to the police station for more breath tests driver is required to accompany the officer, that person is being detained, and arrest or release should soon follow person must be advised of his or her right to legal counsel without delay

25. 25 person given only a reasonable time to obtain counsel Charter also guarantees the right to discuss with counsel in private two breath samples must be taken, with an interval of at least 15 minutes between them the officer must be certain the person has the ability to understand his or her rights

26. 26 Blood Samples if person cannot physically give a breath sample, the officer may demand a blood sample sample must be taken within four hours of the alleged offence two samples are taken and one is made available to the accused for testing if the accused is not able to give permission for a blood sample, a warrant must be obtained

27. 27 Sobriety Test demand to perform such tests as walking a straight line failing the test would be used to decide if a person should be asked to submit to a breath sample

28. 28 Penalties a judge may discharge (let off punishment under certain conditions)an offender who would benefit from treatment for alcohol or drug addiction impaired driving, driving with a blood-alcohol level over 80, and refusing to provide a breath sample will result in a driving prohibition and a fine if this is the first offence maximum penalty for impaired causing death is life imprisonment under the Criminal Code it is an offence to operate a motor vehicle if you have been disqualified from doing so a second offence does not necessarily mean a second charge on the same offence but simply two motor vehicle offences related to drinking- the penalty of a second offence can vary

29. 29 Provincial and Territorial Offences may suspend the licenses of persons convicted under the Criminal Code for additional periods have legislation permitting the short-term (12- 24 hours) suspension of a driver's license if the driver has consumed alcohol anyone who drives while license is suspended can be charged with the additional offence of driving without a license an officer can search an automobile stopped for a random test only if there is grounds for believing that an offence may be in progress (smell drugs or alcohol new rules in Quebec impose a blood-alcohol level limit of zero on all drivers of public vehicles

30. 30 in Ontario, a driver's license can be taken away for 12 hours where the blood-alcohol level is over 50 the offender may have to install an "antilock" device on the vehicle jail terms for repeat offenders compulsory drug rehabilitation treatment graduated licensing program requires new drivers to gain extensive road experience before becoming a full- fledged driver—nothing over zero blood- alcohol level is tolerated for probationary drivers

31. 31 Other Consequences for the Drinking Driver a conviction will result in demerit points which could lead to license suspension the demerit points are penalty marks on a persons driver’s license lead to an increase in the offender's automobile insurance rate