Manitobas Drug and Alcohol Impaired Driving Laws Gary

Manitoba’s Drug and Alcohol Impaired Driving Laws Gary Matson Manager, Driver Fitness Manitoba Public Insurance

Agenda • It’s legal !! • Now what? • Impaired driving – Detection – Offences – Consequences

Relevant Legislation Criminal Code of Canada Impaired Driving Offences Act The Cannabis Harm Prevention Act Federal Provincial

But First • What do we think we know? • Let’s use the audience response technology

Is Impaired Driving Still a Problem? • Impaired driving is the #1 criminal cause of death in Canada • Impaired driving accounted for close to half of the deaths on Manitoba roadways last year (2018). (MPI news release last week)

Canadian Cannabis Use Percentage of Canadians aged 16+ who used cannabis for non -medical purposes in the past 12 months Source: Health Canada. Canadian Cannabis Survey (2018)

Driving While Using Cannabis (Canada) Respondents who operated a vehicle within two hours of using cannabis, and at what frequency Frequency of Operating a Vehicle Within two Hours of Using Cannabis. 50% 40% 30% 46% 29% 20% 39% reported they had 10% 0% 1 to 10 times 50% 40% 30% more than 10 times Frequency of Operating a Vehicle Within two Hours of Using Cannabis. 45% 31% 20% 10% 0% Males Source: Government of Canada. Canadian Cannabis Survey 2017. Ottawa. ON Females

Manitoba Roadside Survey Data

Effects of Drugs On the Body and Brain A large body of research shows that several types of drugs can compromise our ability to drive safely due to their effects on our bodies and cognitive functions Source: Canadian Center on Substance Use and Addiction. Drug Impaired Driving Toolkit. Ottawa, ON. (2018)

Effects of Cannabis on the Body and Brain Research on the effects of cannabis on the body and brain compromises our ability to drive safely Impairs coordination and balance Slows reaction times Reddens eyes and dilates pupils Impairs short term memory and concentration Distorts perception of time and space Speed variation and wandering in lanes Source: Canadian Center on Substance Use and Addiction. Drug Impaired Driving Toolkit. Ottawa, ON. (2018)

Cannabis and Crash Risk Research shows that there is a connection between cannabis use while driving and increased crash risk 1. 8 – 2. 8 X Drivers who used cannabis are at 1. 8 to 2. 8 times more risk of being involved in a fatal crash Source: Traffic Injury Research Foundation. Drug Impaired Driving Learning Center. Ottawa, ON (2018)

Cannabis and Alcohol Cannabis use mixed with alcohol significantly increases collision risk Source: Traffic Injury Research Foundation. Drug Impaired Driving Learning Center. Ottawa, ON (2018)

Abilities Essential to Driving is complex task. Safe driving requires a high degree of engagement, concentration, awareness and physical control, often all at the same time. CO MP RO MI SE D Visual acuity CO CO MP MP RO RO MI MI SE SE D D Cognitive engagement Physical control

Relevant Legislation Criminal Code of Canada Impaired Driving Offences Act The Cannabis Harm Prevention Act Federal Provincial

Cannabis Harm Prevention Act • Consuming cannabis in/on a vehicle ($672) • Transporting cannabis in/on vehicles ($237) – Trunk – Exterior compartment – Other space designed for carriage of goods not accessible to any person in the vehicle – SUV’s and similar vehicles?

Cannabis Harm Prevention Act • Vehicles used for transportation of persons for compensation (taxi, bus) – Cannabis can be carried on the passenger’s person or in the passengers personal effects • 24 -hour driver’s licence suspension – under the influence

Criminal Code of Canada • Not a new problem for police • Drug impaired driving has been an offence in Canada since 1925 • Trained police personnel have been in place to detect and apprehend drug impaired drivers • So what changed?

Criminal Code of Canada • Bill C-46 introduced the following changes: – It creates 3 new offences of having concentrations of drugs in the blood equal to/in excess of set limits – It authorizes police to use roadside drug screening equipment – Allows for blood samples to be collected for analysis – Subtle change to BAC limit (≥. 08)

Criminal Code of Canada • Officers who suspect a person is impaired can demand a person – Perform physical coordination tests – Provide a sample of oral fluid for analysis – Don’t forget about alcohol

Criminal Code of Canada • Upon arrest, officers can demand – Samples of breath (“breathalyzer”) – Samples of blood – Drug Recognition Evaluation

Criminal Code of Canada • What are the new offences? – Operation while Impaired (high drug offence)

Criminal Code of Canada • What are the new offences? – Operation while Impaired (combination offence) • 50 mg/100 m. L blood (. 05) + 2. 5 ng THC per m. L blood – Operation while Impaired (low drug offence) • 2 ng of THC per m. L of blood

Impaired Driving Offences Act • Changes to Manitoba’s Highway Traffic Act – Provincial sanctions – Immediate – Separate from criminal process

HTA Sanctions (pre-conviction) Roadside Suspensions 24 hour suspensions Ø Gross Impairment Ø GDL related suspensions Ø Under the influence Tiered suspensions Ø 3(7) – 60 days Ø ASD Warning Ø PCT Ø DRE Ø Drug Screening Equipment

HTA Sanctions (pre-conviction) Roadside Suspensions Over the limit Ø Ø 90 days BAC (alcohol) Drugs (high limit) Alcohol/Drugs (combo) Refusal Ø 90 days Ø Breath/blood alcohol Ø Blood (drugs) Ø Drug screening equipment Ø PCT Ø DRE

HTA Sanctions (post-conviction) Driver Licence suspensions Reinstatement requirements DSR implications Appeal options / conditional driving privileges • Ignition Interlock requirements • •

Ignition Interlock • An in-car alcohol breath -screening device • Breath samples to start the vehicle • Random rolling retests • Alarm features • Maintains records

Ignition Interlock • Costs (responsibility of program participant) – Installation - $145 – Monthly rental - $89 – De-installation - $50 – Other fees may be charged by the service provider as required • Removal of II conditions – Approval of Driver Fitness (Registrar) – Based on their participation, a driver may be granted removal, extended in the program, or suspended

Ignition Interlock • General info – Approximately 600 participants currently – Revolving door • People entering program and people being released

Questions