Answers To The Top Five Questions About Canada's New Impaired Driving Laws
The New Rules for Cannabis Edibles and Concentrates Are Restrictive & Problematic
On December 18, impaired-driving laws in this country underwent a massive overhaul. Police officers are now able to conduct roadside, warrantless searches to compel drivers to provide a breath sample…and they don’t need to form any grounds in order to do so.
Understandably, this has left a lot of people confused and looking for answers.
In this column, I will attempt to answer the five most commonly asked questions about changes to Canada’s impaired driving laws: (1) How has the law changed?, (2) Why has this happened?, (3) Does this mean that it is now zero tolerance for alcohol and driving?, (4) Can I refuse to provide a breath sample?, and (5) What can I do to protect myself?
Read on to learn the answers to some of your most sobering questions about alcohol and impaired driving!
Ending Human Trafficking in Canada and the Continued Debate Around the Morality of Sex Work
After months of uncertainty, the federal government has unveiled official proposals to legalize cannabis edibles.
The much-awaited scheme was released on December 22, 2018, following extensive research and community consultation - and while it is reasonably in line with what many industry insiders had anticipated, there are still a number of wrinkles to iron out.
Aside from simply setting THC limits per product, they will also establish how products should be packaged and labeled, and what types of additives may be used. Regulations on what will be possible will be strict and many adopt a paternalistic approach to cannabis that is not likely to go over well with producers and consumers alike.
But as more consumers than ever reaching for edibles, and the market for such products expected to reach $5.3 billion by 2020, the government would be well advised to revisit their approach and adjust the rules sooner, rather than later.
Coming This Holiday Season - Random, Roadside Breath Testing!
Earlier this month, the Commons committee on justice and human rights released a report on human trafficking. The document, Moving Forward in the Fight Against Human Trafficking in Canada, was created after several months of community consultation. The objective is reducing—and ultimately ending—human trafficking in Canada.
With 17 recommendations, the report hopes to provide salient solutions to the ongoing issue of human trafficking.
The report also distinguished between human trafficking and consensual, adult sex work. In doing so, it created an important divide between these two issues.
However, it did not go far enough in addressing the harms perpetrated against sex workers by bad laws and how eliminating them could also work towards the ultimate goal of stopping human traffickers.
Dude, Where's My Weed? A Brief Examination of Cannabis Shortages Post-Legalization
This holiday season, police will be armed with a new law to detect impaired drivers.
Starting on December 18, 2018, officers throughout Canada will be able to enforce random, mandatory roadside breath tests for drivers at their discretion.
Right now, police officers’ in British Columbia use the Alco-Sensor FST to test for alcohol on the roadside. In order to administer the test on the roadside, they need to form the grounds to do so. Technically speaking, they need to have reasonable grounds to suspect that the person has alcohol in their body.
The reasonable suspicion requirement is functional on a legal level. It is in place for a purpose. That purpose is to ensure that Charter-protected rights and individual liberties are not improperly eroded.
But on December 18, 2018, this requirement will be done away with and what was once well-established criminal law will become muddied and unclear.
Now That Cannabis Is Legal, How Can British Columbians Legally Transport It In Their Cars?
On October 17, 2018, cannabis was legalized in Canada and the long-standing prohibition against this controversial and powerful plant was officially over…at least on paper.
The legalization of cannabis has not come without it’s challenges.
Perhaps the most immediate - and frustrating - challenge for consumers came in the form of supply shortages.
By all accounts, it looked like the whole country was jumping on the cannabis band-wagon and going up in smoke…but this was not quite the case. The truth of the matter is that government supplies of cannabis were grossly inadequate to meet a relatively modest consumer demand.
As rumours about continued shortages swirl and other countries toy with legalizing cannabis, some have speculated that Canada may already be falling behind in this new and emerging industry.
So what are we to do?
The Government Will Pardon Some Non-Violent Cannabis Offenders...But Is It Enough?
By now, we should all know that driving a motor vehicle with cannabis in your body could result in harsh legal penalties. But what about driving with cannabis in your car?
Now that cannabis is legal, adults are able to carry up to 30 grams of cannabis or its equivalent in public places. However, when it comes to your motor vehicle, there are a number of restrictions about how that should be done in order to properly comply with the law.
Simply having cannabis in your vehicle can constitute an offence.
Here in British Columbia, the Cannabis Control and Licensing Act makes it a ticket-able offence to simply have cannabis in your vehicle, regardless of whether you are consuming it or not.
Read on to learn the three golden rules in order to (hopefully) avoid a ticket.
Do We Need to Reconsider the Usefulness of the Notwithstanding Clause?
Now that cannabis is legal, where does it leave Canadians with criminal records for past pot convictions?
Early on the morning of legalization, October 17, 2018, Public Safety Minister Ralph Goodale held a press conference to answer that very question.
In his address, Goodale confirmed that the Liberal government will introduce legislation to allow Canadians who have received criminal sentences in relation to cannabis possession to apply for a pardon. He also confirmed that they will not have to pay a fee or wait for a specified time period following their conviction.
So why are some people saying that the Liberals are missing the mark?
The controversy lies in technical legal terminology; namely, the difference between a pardon and an expungement.
Five Burning Questions About Cannabis Legalization Answered
Following the actions of the Ford government in Ontario over the last few weeks, many Canadians are suddenly finding this obscure portion of the Canadian Charter of Rights and Freedoms on their minds.
Rarely used, the notwithstanding clause is somewhat shrouded in mystery. After all, it has only been invoked a handful of times in Canadian history.
The notwithstanding clause is formally known as section 33 of the Constitution Act, 1982. Simply speaking, section 33 allows Parliament and provincial or territorial legislatures to override certain parts of the charter.
It does this by declaring that one of its laws, or portions thereof, applies temporarily, which nullifies the opportunity for a judicial review of the charter-infringing action. This allows the action to take place unhindered and unmitigated for a particular period of time.
But there are some limits to its scope.
NDP MP Murray Rankin recently brought a motion to examine the notwithstanding clause before the House of Commons standing committee on justice and human rights, which was subsequently defeated by the Liberals.
But the issue may very well be unavoidable.
Sarah Leamon Law Talks Radio - Episode 7
With October 17, 2018, just around the corner, many Canadians are counting down the days to legalization. It won't be long before we will be able to purchase legal, recreational cannabis for the first time.
But many of us are still asking some important, practical questions about how exactly that will happen.
Criminal defence lawyer Sarah Leamon has written this blog in order to help answer some of those burning questions and provide a little bit of clarity about what you can expect in British Columbia — and how you can purchase legal cannabis — on October 17, 2018.
But whatever you decide to do on October 17, 2018, just make sure that you use cannabis responsibly and that you follow the rules!
You can also view this article in The Huffington Post, The Georgia Straight, or The Cannabis Life Network.
Can Your SmartPhone Help In the Fight Against Drug Impaired Driving?
On this episode, criminal defence lawyer Sarah Leamon is joined by special guest Jodie Emery to discuss all things cannabis leading up to legalization in Canada.
Also known as the 'Princess of Pot', Jodie Emery is an international cannabis icon. She shares her opinions with Sarah about legalization - both the positives and the negatives - and talks about the work that has yet to be done. Jodie shares her views on the role is activism and social justice in securing rights for cannabis users and provides advice for the canna-curious.
It's an episode you can't miss and you can listen here!
Thanks for listening!
Bill C-75's Proposal to Limit Preliminary Inquiries is Likely to Do More Harm Than Good
An app called DRUID, which stands for “Driving Under the Influence of Drugs”, is now available to smartphone users for a meagre download cost of just over $5. It claims to help users test for impairment by drugs, including cannabis, by using a serious of games that are designed to test decision-making skills, reaction time, object tracking, and balance.
Although there’s nothing the app can actually do to prevent impaired driving—like locking a user out of their vehicle, for example—it does provide some insight into impairment levels. If used correctly, DRUID users will get an idea of their impairment, or lack thereof, prior to making the decision to get behind the wheel.
And its timing is perfect. After all, in just one month, we can expect a big crackdown in drug-impaired driving enforcement on our highways and roads. Following legalization of weed on October 17, police will be on the lookout for cannabis-impaired drivers and will likely be eager to enforce new impaired-driving rules.
Is DRUID the answer we’ve all been looking for?
To learn more, read on…
Sarah Leamon Named Winner of Business in Vancouver's 2018 Forty Under 40
Bill C-75 aims to restrict the availability of preliminary inquiries. If it passes, they will only be available for offences committed by adults and punishable by life imprisonment. The bill also seeks to strengthen the judge’s powers to limit the range of issues that are explored in such inquiries, including the list of witnesses to be called.
Supporters of these amendments say that restricting preliminary inquiries will help to curb delays in the justice system.
But there is also evidence to suggest that restricting these inquiries may actually have the opposite effect of what is intended by Parliament; it may actually contribute to delay.
Instead of limiting access to justice by eroding the preliminary inquiry process, the government should rely on other, more practical techniques in order to combat delay and improve trial efficiency. After all, the answer to the issue of delay in our criminal justice system does not lie in a single answer. The causes of delay are multiple and varied, and a multifaceted approached should be adopted.
Sarah Leamon Law Talks Radio - Episode 6
Sarah Leamon has been named a winner of Business in Vancouver’s 2018 Forty Under 40!
Every year, Business in Vancouver recognizes forty exceptional young entrepreneurs, executives and professionals for their outstanding achievements in leadership, community contribution, judgement and skill.
Sarah Leamon has been recognized as a leader in the legal community, as well as an entrepreneur and community advocate. Sarah has been practicing as a criminal lawyer since 2011 and co-founded Leamon Roudette Law Group in July, 2018. Sarah is an active community volunteer and sits as the Board Chair at Pace Society in Vancouver’s Downtown East Side. Sarah most recently founded the Women’s Association of Criminal Lawyers British Columbia and co-founded The Coven Club in November, 2017.
For more information on Sarah, and to see the full list of this years winners, check out the official press release, posted earlier today on Business in Vancouver’s website.
Stay tuned for more updates on this exciting development throughout the remainder of the year!
CTV News: Feds Approve Controversial Roadside Test to Help Cops Catch High Drivers
On this episode, criminal defence lawyer Sarah Leamon is joined by one special guest to talk about a wide array of cannabis issues, but with a particular focus on cannabis tourism.
Miz D, a.k.a Danielle Jackson, a.k.a. Doperah, is a Vancouver resident, born and raised. She has been in the cannabis industry for decades and is the owner and operator of a canna tourism business called Dvibz. Miz D talks about her personal experiences with cannabis use and how she has seen the plant help others. She also talks about the growing potential of canna tourism in Canada and what she thinks we will need in order to succeed as a global canna tourism destination.
The conversation touches on a wide variety of topics this month - and there are a lot of laughs to be had. So tune in...and you just might learn a thing or two!
Tune in here, on SoundCloud, to hear the full episode.
Thanks for listening!
A Brief Introduction to the Draeger DrugTest 5000
On August 28, 2018, Sarah Leamon was interviewed by CTV News for an article on the newly approved drug testing device, the Draeger DrugTest 5000.
The Draeger DrugTest 5000 will be used by police officers for roadside screening purposes and in order to detect drivers who are possibly impaired by drugs. But there are a lot of potential problems with the device.
In the article, Sarah is quoted as saying: "I have concerns about the fact that police have never had any on-hand training with them or any experience with them," She goes on to say: "I also have concerns about whether or not they will be suitable for our Canadian environment." This is because the device doesn't work in temperatures below 4 C, and anyone who's had a drink or snack within 10 minutes may have skewed results.
To read the full article, click the link.
There Is No Magic Bullet to Reducing Gun Violence in Canada
Coming soon to a road near you - the Draeger DrugTest 5000!
This new roadside testing device is set for approval this coming October, but this time, police won’t be testing for alcohol. Instead, the Draeger DrugTest 5000 will be testing for a variety of drugs, including cannabis.
This device should—theoretically—streamline the process of detecting drugs on the roadside.
It should provide an objective basis for determining whether or not a driver has drugs in their body at the time of testing. It should be much easier for police officers to implement and provide more assurance to drivers that their results, unlike field testing, are not subject to officer discretion.
But that doesn’t mean it will.
Sarah Leamon Law Talks Radio - Episode 5
Tragic news of the recent shooting in Toronto has given many Canadians pause for thought. In the blink of an eye, gun control was at the forefront of our collective cultural conscious and at the tips of our tongues.
But gun control has been a problem in Canada long before this incident.
Statistics on gun violence in this country are growing at a rapid pace, and nearly all of our major cities are affected.
So, what’s causing all this gun violence? And more importantly, how can we put an end to it?
The short answer is that there is no easy answer.
But in order to create a safer future for tomorrow, it is essential that all levels of government—from federal to provincial to local—make gun safety and community support services a priority today.
We simply can’t afford to wait any longer.
How High Is Too High To Drive? The Liberals Don't Seem Know...
On this episode, criminal defence lawyer Sarah Leamon is joined by two guests to discuss the a wide range of topics concerning cannabis legalization.
The first guest, Zia, has just entered the cannabis industry and is hoping to make a career for herself in it. She talks about her aspirations for the future and some of her concerns moving forward.
The second guest, Clara, is an Australian citizen who is living and working in Canada. Clara is well established in the cannabis industry. She talks about her experience working with cannabis thus far, and what its like to be a woman in weed. She also touches on international perspectives on cannabis and provides some insight about what will be needed in order for the cannabis industry to succeed in Canada.
The conversation touches on a wide variety of topics this month - from feminism to board patrol and everything in between. So tune in...and you just might learn a thing or two!
Thanks for listening!
Will You Be Turned Away At The Border Once Cannabis Is Legal?
On July 3, 2018, the federal government announced its plan to earmark nearly $1 million towards research on cannabis impaired driving.
The Centre for Addiction and Mental Health is set to undertake a three-year study to determine, once and for all, how high is too high for a person to drive.
This announcement comes just three months shy of when both Bills C-45 and C-46 will be passed into law. Respectively, these bills will make recreational cannabis legal in Canada and will fundamentally alter our impaired driving laws as they relate to the drug.
Bill C-46 will create a handful of new laws with respect to cannabis impaired driving.
So did the Liberals put the cart before the horse and rush into making laws without the proper scientific research to back them up? Exactly how high is too high to drive?
While some marijuana-smoking Canadians have already thought about how they will answer questions about their consumption when crossing the border, people working in the cannabis industry may not have turned their minds to how seemingly benign questions about their employment could affect them.
A question as simple as “what do you do for a living?” could result in a lifetime ban for people who work with cannabis.
It is a scary thought…which is made all the more frightening by the sheer potential of its scope.
After all, the Canadian cannabis industry is booming.
If you receive financial remuneration for your participation or promotion of cannabis, you may be affected. People working in legal cannabis in Canada, are considered to be living off the profits of the drug trade in America.
To learn more, read the full article at the link.