Presentation on theme: "Drug Use, Drinking, and Driving The Controlled Drugs and Substances Act March 2012."— Presentation transcript:
Drug Use, Drinking, and Driving The Controlled Drugs and Substances Act March 2012
Crime of Abuse Driving under the influence of alcohol and using illegal drugs are serious crimes in Canada. They are costly to Canadians through rising costs in health care and legal aid as well as soaring insurance rates. The federal and provincial government have tried to solve these problems by introducing stiffer penalties and stiffer deterrents.
Drugs Drug- any substance the by its chemical nature alters structure or function in a living organism. Two types of drugs: those that are legal and those that are not. Legal Illegal
Controlled Medication Abuse Prescription Shopping/ double doctoring- seeking to obtain the same prescription from a number of doctors. It is an offence to seek or obtain a narcotic or prescription from a doctor without disclosing all other controlled drugs or prescriptions for controlled drugs received within the previous 30 days. If tried as a summary offence, a first offence carries a penalty of $1000 and/ or6 months in prison. If this is a 2 nd+ offence, then the fine is $2000 and/ or 1 year imprisonment. If it is tried as an indictable offence, to penalties range from 18 months to 7 years.
Drug Trade The drug trade is an international enterprise that has revenues of at least $600 billion. Annual production of marijuana in BC is valued at least $6 billion annual making it the largest industry in the province.
The Controlled Drugs and Substances Act The Controlled Drugs and Substances Act criminalizes possession of, and trafficking in a variety of illegal and controlled drugs. ( CDSA)
Possession If treated as an indictable offence, the penalty is:indictable offence Schedule I: Maximum 7 years imprisonment Schedule II: (exceeding amounts set in Schedule VIII): Maximum 5 years imprisonment Schedule III: (Requires a prescription or license to legally possess.) Maximum 3 years imprisonment Schedule IV: It is not an offence to possess a Schedule IV substance for personal use; however, Subsection (2) of Section (4) of the CDSA states that "no person shall seek or obtain a substance or authorization from a practitioner to obtain a substance in schedules I through IV." Subsection (7) then states that it is an indictable offence to contravene subsection (2). Therefore, it is an indictable offence to attempt to acquire a Schedule IV substance but not an offence for possession. Section 5 provides that possession for the purpose of trafficking of a Schedule IV substance is an offence. If treated as a summary conviction offence, the penalty is:summary conviction offence Maximum $1000 fine for first offence and/or maximum 6 months imprisonment. Maximum $2000 fine for subsequent offence and/or maximum 1 year imprisonment. Note: For amounts not exceeding those set in Schedule VIII, maximum fine of $1000 and/or maximum 6 months imprisonment is the only punishment
Trafficking/Possession for the Purpose of If tried as an indictable offence, the defendant is liable to: Schedule I or Schedule II (exceeding amounts set in Schedule VII): Maximum life imprisonment Manditory minimum 1 year jail sentence for trafficking a Schedule I drug under 1kg, 2 years if amount exceeds 2kg Schedule II (not exceeding amounts set in Schedule VII): Maximum 5 years imprisonment Schedule III: Maximum 10 years imprisonment Schedule IV: Maximum 3 years imprisonment Or, if tried as a summary conviction, the defendant is liable to: Schedule III: Maximum 18 months imprisonment Schedule IV: Maximum 1 year imprisonment
Exportation/Possession for the Purpose of If tried as an indictable offence, the defendant is liable to: Schedule I or Schedule II: Maximum life imprisonment Schedule III or Schedule IV: Maximum 10 years imprisonment Schedule V or Schedule VI: Maximum 3 years imprisonment Or, if tried as a summary conviction, the defendant is liable to: Schedule III or Schedule IV: Maximum 18 months imprisonment Schedule V or Schedule VI: Maximum 1 year imprisonment
Production If tried as an indictable offence, the defendant is liable to: Schedule I or Schedule II (excluding cannabis): Maximum life imprisonment Cannabis: Maximum 7 years imprisonment Schedule III: Maximum 10 years imprisonment Schedule IV: Maximum 3 years imprisonment Or, if tried as a summary conviction, the defendant is liable to: Schedule III: Maximum 18 months imprisonment Schedule IV: Maximum 1 year imprisonment
Possession of Property Obtained by Certain Offences It is an offence to possess any property you know was obtained through commission of a crime. It is also an offence to possess the cash obtained from selling the property. So if Sam accepts gifts Clara knowing that it was from trafficking, Sam can be charged. If the value exceeds $1000, the penalty ranges from $2000 fine plus six months in prison for a summary conviction and if indictable up to two years in prison.
Money Laundering To launder means to use, transfer possession of, send, transport, transmit, alter, dispose of, or otherwise deal with any property obtained through crime.
Laws against Money Laundering –Since 2000, certain groups must report cross-border transactions exceeding $10,000, large cash transactions, and suspicious transactions. Law applies to lawyers, accountants, real- estate agencies, and financial intuitions, including banks. However the law calls into question lawyer- client confidentiality, and may one day be challenged in courts. Penalties are substantial: $2 million and/or five years in jail.
Police Rights of Search and Seizure under the Act »The CDSA grants police the right to search for controlled substances and drugs. Other rights incidental to the search, such as arrest, are granted by the Criminal Code. »Section 11 of the CDSA states that a warrant can be issued by a judge for a search if the 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. –For example, if the suspect is obviously flushing evidence down the toilet. The Act provides that the officer can use as much force as is necessary in these circumstance to enter the premises. –Upon entry, the officer can search anyone if there are reasonable grounds to believe that the person possesses a controlled substance. –The CDSA does NOT give police the power to stop and search a person for drugs in a public place. The Criminal code authorize this type of search if there are reasonable grounds for believing that the person is in possession of a drug.
Sentencing In 1999, the CDSA was amended to reflect the occasionally violent nature of illegal drug transactions and the vulnerability of youth. Amendments to consider an offence especially serious –If a weapon was use, carrier, or threatened to be used –If violence was used or threatened –If the offender trafficked or tried to traffic substances found in Schedules I to IV in or near a school or any public place usually frequented by persons under 18 years of age –If the offender was previously convicted of a substance offence –If the offender used the service of a person under the age of 18 years to commit or be involved in, the commission of a substance offense.
Motor Vehicles Motor Vehicles are defined by the Criminal Code as a vehicle that is drawn, propelled, or driven by any means other than by muscular power, but does not include railway equipment –Boats, aircraft, automobiles, trucks, motorcycles, snowmobiles and other motorized land vehicles.
Dangerous Operation of a Motor Vehicle It is an offence to operate a motor vehicle in a manner dangerous to the public on a street, road, highway, or other public place. Public Place- In case law and has been found to include parking lots at shopping plazas and schools as well as private roads regularly used by the public. –To obtain a conviction on dangerous operation of a motor vehicle, the Crown must establish fault.
Failure to Stop at a Scene of an Accident If you are involved in an accident, you must stop at the scene.You must 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. The penalty for failure to stop was increased in 1999. If you need to leave to get help that is one thing, but leaving to avoid being charged is illegal.
Impaired Driving Section 253 deals with impaired driving. It is the main cause of criminal death in Canada. MTO Video on Zerio BAC before 22 Glasses
Ontario Consequences of Drinking and Driving Ontario leads the way in combating drinking and driving through some of the toughest laws and programs in North America. Roadside Licence Suspension Fully-licensed drivers will face immediate roadside licence suspension for: refusing a breath test. registering a blood alcohol concentration (BAC) of 0.05 or more (this means there is 50 milligrams of alcohol in every 100 millilitres of blood).blood alcohol concentration (BAC) As of August 1, 2010, if you are a fully licensed driver who is 21 and under or a novice driver and are caught with any alcohol in your blood, you will receive an immediate 24-hour roadside driver licence suspension and, if convicted, you will face a fine of $60- $500 and a 30-day licence suspension.
Fact Sheet: Drinking and Driving Trends Drinking and driving continues to be one of Ontario’s most significant road safety issues. During the past decade, more than 2,000 lives have been lost and more than 50,000 people have sustained injuries in collisions involving a drinking driver. Drinking and driving hurts everyone - through deaths, injuries and personal tragedies. It also hurts our economy through added costs for health care, emergency response and property damage. The financial cost to society of drinking and driving is estimated to be at least $3 billion annually. While Ontario has come a long way, impaired driving remains a serious problem: Every year, about 17,000 drivers are convicted of Criminal Code of Canada offences (including impaired driving, driving with a blood alcohol concentration of more than 0.08, criminal negligence causing bodily harm or death, manslaughter, dangerous driving and failure to remain at the scene of a collision). It is estimated that approximately three quarters of those convictions are related to drinking and driving. Impaired drivers are involved in thousands of traffic collisions every year. Drunk driving accounts for almost 25% of all fatalities on Ontario’s roads. About 17,000 impaired driving incidents were reported by police in Ontario in 2005. In the same year, 174 people were killed and 3,852 were injured in motor vehicle collisions involving a drinking driver.
Fact Sheet: Blood Alcohol Concentration (BAC) The amount of alcohol in a person’s body is measured by the amount of the alcohol in blood. This is called the blood alcohol concentration, or BAC. For the purposes of law enforcement, BAC is used to define intoxication and provides a measure of impairment. In Ontario and the rest of Canada, the maximum legal BAC for fully licensed drivers is 80 milligrams of alcohol in 100 millilitres of blood (0.08). Driving with BAC in excess of 0.08 is a criminal offence. BAC levels are affected by many factors, including: –How fast you drink. Alcohol consumed quickly will result in a higher BAC than when consumed over a long period of time. –Gender. Women generally have less water and more body fat per pound of body weight than men. Alcohol does not go into fat cells as easily as other cells, so more alcohol remains in the blood of women. –Body weight. The more you weigh, the more water is present in your body. This water dilutes the alcohol and lowers the BAC. –Amount of food in your stomach. Absorption is slowed if you’ve had something to eat.
Fact Sheet: Blood Alcohol Concentration (BAC) Con’t With a BAC of 0.05, an individual’s vision may already be affected in terms of sensitivity to brightness, the ability to determine colours, and depth and motion perception. The brain’s ability to perform simple motor functions is diminished. This means that a driver’s reaction time will be slower and responses will be less accurate. The result is degraded driving performance and a significant increase in collision risk. The increased collision risk of drivers with a BAC from 0.05 to 0.08 (also known as the "warn range") is well documented: Drivers with a BAC above 0.05 but below the legal limit are 7.2 times more likely to be in a fatal collision than drivers with a zero BAC. In 2005, 16.7% of drinking drivers killed in Ontario had a BAC less than 0.08. How much can I drink before I reach the 0.05 BAC limit? The number of drinks consumed is a poor measure of BAC because of the many factors affecting your body’s ability to digest alcohol, such as weight, body fat, and how long ago and how much you ate. Factors like tiredness and your mood can also make a difference in how alcohol affects your driving ability. It is very difficult to assess your own BAC or impairment. Small amounts of alcohol affect one’s brain and the ability to drive. If you plan on drinking, plan to not drive.
Fact Sheet: NEW Roadside Licence Suspensions We're serious about removing dangerous drivers from our roads. Those who choose to drive after drinking endanger themselves and everyone else. Roadside licence suspensions ensure that drinking drivers are taken off the road immediately and discourage individuals from re-offending. As of May 1, 2009, if you’re caught driving with a blood alcohol concentration (BAC) from 0.05 to 0.08 (known as the "warn range"), the police can immediately suspend your licence up to three days for a first occurrence, seven days for a second occurrence and 30 days for a third or subsequent occurrence. Consequences for Driving with a 0.05 to 0.08 "Warn Range" Blood Alcohol Concentration First Time 3-day licence suspension $150 Administrative Monetary Penalty Second Time (within 5 years) 7-day licence suspension Mandatory alcohol education programalcohol education program $150 Administrative Monetary Penalty. Third Time (within 5 years) 30-day licence suspension Mandatory alcohol treatment programalcohol treatment program Six-month ignition interlock licence conditionignition interlock $150 Administrative Monetary Penalty Subsequent infractions (within 5 years) 0-day licence suspension Mandatory alcohol treatment programalcohol treatment program Six-month ignition interlock licence conditionignition interlock Mandatory medical evaluation $150 Administrative Monetary Penalty *These roadside licence suspensions cannot be appealed. Suspensions will be recorded on the driver’s record. For up to five years, these roadside suspensions will be considered when determining consequences for subsequent infractions
Fact Sheet: NEW Roadside Licence Suspensions Con’t What happens if my licence is suspended? You will be given a suspension notice by a police officer, indicating that the suspension of your licence takes effect immediately. The police officer will take your licence from you and send it back to the Ministry of Transportation (MTO). You will not be able to drive home. If you are with a sober passenger who is licensed and fit to drive, he or she may drive the vehicle. If it is a safe location, you can choose to leave the vehicle at the roadside, or the police will have the vehicle towed at the vehicle owner’s expense. What happens after the suspension period expires? A reinstatement notice will be mailed to you. If you do not have other disqualifications (for example, other suspensions, expired or cancelled licence), the reinstatement notice will include a Temporary Driver’s Licence (TDL). You may then go to a Driver and Vehicle Licence Issuing Office to pay the $150 administrative monetary penalty. A new plastic licence card will then be mailed to you. If you did not receive a reinstatement notice, you may obtain a TDL from a Driver and Vehicle Licence Issuing Office. To find the Driver and Vehicle Licence Issuing Office nearest you, please visit the MTO website.Driver and Vehicle Licence Issuing Office MTO website If your suspension ends on a day when the Driver and Vehicle Licence Issuing Offices are closed (for example, a statutory holiday) and you did not receive a TDL in the mail, you will need to wait until they re-open. You must have a valid driver’s licence to drive.
Fact Sheet: NEW Roadside Licence Suspensions Con’t What does the Ignition Interlock condition mean? If you receive a 30-day licence suspension, you will also automatically have an ignition interlock condition placed on your licence for six months. This means that you must not drive any vehicle that does not have an ignition interlock device installed. Drivers who choose not to install an ignition interlock device must not drive until the condition is removed from their licence. For more information, see the ignition interlock program on the MTO website.ignition interlock How will I get my licence reinstated after the six-month ignition interlock period? Whether you choose to install an ignition interlock device in your vehicle or you choose not to drive during the ignition interlock period, the Ministry of Transportation will automatically mail you a reinstated licence that will be valid when the ignition interlock licence condition expires. For more information, see the ignition interlock program on the MTO website.ignition interlock Find out more.
Section 253 Section 253 actually sets out four offences –Driving while ability is impaired by alcohol or drugs –Having care or control of a motor vehicle when impaired by alcohol or drugs –Driving while the blood-alcohol level is over 80 mg in 100 ml of blood –Having care or control of a motor vehicle when the blood-alcohol level is over 80. A person can be charged with the first two offences when the blood-alcohol level is below 80
To be charged with impaired driving Mens Rea -exists when there is intent to assume the care or control of the vehicle after consuming alcohol and while impaired. Also is the exists when blood alcohol level is over 80. Actus Reus is the action of assuming care or control. Sitting in the driver’s seat implies care or control.
Impaired Defined It is not defined, but is up to the court to determine. Drugs is interpreted much more broadly.
Tests for Impairment Breath Tests –Roadside screening test –detained Blood Samples
Ontario’s Offences to Impaired Driving Convicted Impaired Drivers I f you drive impaired, and your blood alcohol concentration (BAC) is more than 0.08, or you fail or refuse to comply with alcohol or drug testing, you can be convicted under the Criminal Code. Individuals convicted for impaired driving offences face penalties under Canada's Criminal Code and Ontario's Highway Traffic Act. Upon conviction, consequences include an additional suspension period, alcohol education and treatment programs, Ignition Interlock installation and fines.blood alcohol concentration (BAC)consequencesalcohol education and treatment programsIgnition Interlock Driving-related Criminal Code convictions remain on a driver's record for at least 10 years. Vehicle Impoundment Under Ontario's Vehicle Impoundment Program, drivers who are caught driving while their licence is suspended for a Criminal Code driving conviction will have the vehicle they are driving impounded for a minimum of 45 days.Vehicle Impoundment Program Effective December 1, 2010, drivers with a blood alcohol concentration of 0.08, or who fail to comply with breath testing, face an immediate seven-day vehicle impoundment at roadside. Also effective December 1, 2010, a seven-day vehicle impoundment applies to drivers who get behind the wheel of a vehicle without an ignition interlock device in violation of such a condition on their licence. There is no ability for the vehicle owner to appeal these seven-day impoundments. Regardless of whether the vehicle is rented, leased or loaned to a friend or family member, the vehicle will be impounded. The vehicle owner will be liable for all towing and impoundment costs.
Driving Offences in Ontario 7 Points Failing to remain at the scene of a collision Failing to stop when signalled/requested by a police officer 6 Points Careless Driving Racing Exceeding the speed limit by 50 km/h or more Failing to stop for a school bus 5 Points Driver of a bus failing to stop at an unprotected railway crossing 4 Points Exceeding the speed limit by 30 to 49 km/h Following too closely 3 Points Exceeding the speed limit by 16 to 29 km/h Driving through, around or under a railway crossing barrier Failing to yield the right-of-way Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal Failing to obey the directions of a police officer Driving the wrong way on a divided road Failing to report a collision to a police officer Improper driving when road is divided into lanes Crowding the driver's seat Going the wrong way on a one-way road Driving or operating a vehicle on a closed road Crossing a divided road where no proper crossing is provided Failing to slow and carefully pass a stopped emergency vehicle Failing to move, where possible, into another lane when passing a stopped emergency vehicle Improper passing Improper use of high occupancy vehicle lane 2 Points Improper opening of a vehicle door Prohibited turns Towing people — on toboggans, bicycles, skis, etc. Failing to obey signs Failing to stop at a pedestrian crossing Failing to share the road Improper right turn Improper left turn Failing to signal Unnecessary slow driving Reversing on a divided high-speed road Driver failing to wear a seat belt Driver failing to ensure that a passenger less than 23 kg is properly secured Driver failing to ensure that a passenger under 16 years is wearing a seat belt Failing to lower headlamp beams Backing on a highway Driver failing to ensure infant/child passenger is properly secured in an appropriate child restraint system or booster seat
Ignition Interlock Device What is an ignition interlock device? An ignition interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of.02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver's seat, and is connected to the engine's ignition system. How does an ignition interlock device work? Before starting the vehicle, a driver must blow into the device. If the driver's blood alcohol concentration (BAC) is above the pre-set limit, the vehicle will not start. Once the vehicle is started, the interlock device requires the driver to provide breath samples at random pre-set times while the engine is running. If a sample is not provided, or if the BAC exceeds the limit, the device will issue a warning, record the event and activate specific alarm systems (e.g., lights flashing, horn honking, etc.), until the ignition is turned off.