Learning Outcomes:1. Describe the effects of impaired driving and the use of narcotics on Canadian society2. List the offences connected with drug use3. Recognize the right of police in the search for and seizure of narcotics4. Distinguish between restricted and controlled drugs5. List the offences connected with impaired driving6. Describe the procedures for roadside testing and taking breath samples7. Recognize the effect of a conviction for drinking and driving on an offender’s future.
The Narcotic Control ActIn the 1960s there was an increase use of narcoticsin Canada.The LeDain Commission was a royal commissionappointed to study the non-medical use of drugs inthe 1960s.
The Narcotic Control ActThe Narcotic Control Act:• Criminalizes possession and trafficking in narcotics• The law governing narcotics is the same across Canada since crime falls under federal jurisdiction• The Act defines a narcotic as: “any substance included in the schedule or anything that contains any substance included in the schedule”• A schedule in the Act lists over 100 drugs considered to be narcotics.
Individuals can be prosecuted under the NarcoticsControl Act for the following offences:•Possession•Possession for the purpose of trafficking•Importing•exporting
Possession• Under the Narcotic Control Act it is an offence to possess a narcotic, unless legal permission has been given to do so.• Section 4(3) of the Criminal Code defines Possession as: – A person has anything in possession when he has it in his personal possession knowingly • Has it in the actual possession or custody of another person • Has in in any place, whether or not that place belongs to or is occupied by him for the use or benefit of himself or of another person; and, • Where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them
TraffickingThe Act defines trafficking as meaning to“manufacture, sell, give, administer, transport,send, deliver or distribute” – Police can no longer entrap individuals or use physical violence to obtain evidence – Police also cannot undertake Random Virtue Testing- the practice of investigating an individual for drug offences without having reasonable grounds to do so
Importing and Exporting• Section 5 of the Narcotic Control Act makes it an offence to import or export any narcotic.• Arranging for importation can also result in a conviction• The offence is complete when goods enter or leave the country.• Maximum penalty: Life imprisonment
Prescription shopping• Prescription Shopping or double doctoring is when an individual trys to obtain the same prescription from a number of doctors.• This is a hybrid offence• Max penalty: 7 years
Enterprise Crime and Laundering• Laundering means to use, transfer the possession of, send, transport, transmit, alter, dispose of, or otherwise deal with any property or proceeds from certain offences.• Examples: movement of cash, obtained through the drug trade.
The Food and Drug Act• The purpose of the Food and Drug Act is to ensure that food, medicines, cosmetics and medical devices are safe for Canadian consumers.• The Act covers controlled drugs and restricted drugs.• See pg. 218 of the text for Penalties under this act.
Controlled Drugs• Listed under section G of the Food and Drug Act• Controlled Drugs are drugs legally prescribed by doctors• Include: Amphetamines and Barbituates, called “uppers” and “downers”• Barbituates are used as sedatives or hypnotics; sleeping pills are an example• Amphetamines are used to treat depression and decrease the appetite to achieve weight loss
Controlled Drugs, Cont’dOffences related to controlled drugs: – Trafficking controlled drugs – Possess controlled drugs for the purpose of trafficking – “To give” and “to administer” are not included under the definition of trafficking in the Food and Drug Act.
Restricted Drugs• Drugs listed in Schedule H of the Food and Drug Act.• Restricted Drugs are illegal drugs not used for medical purpose, such as LSD – Lysergic acid diethylamide and MDA – Methylene- dioxyamphetamine• It is an offence to traffic them or possess them for the purpose of trafficking.
Drinking and Driving• Drinking and driving laws are divided between both federal and provincial jurisdictions.• The Criminal Code covers criminal offences related to drinking and driving• In 1985 amendments were made to the Code that introduced new offences, increase penalties, and expand penalty options.• Criminal code defines a motor vehicle as a vehicle that is drawn, propelled, or driven by any means other than by muscular power.
Operation of a motor vehicleOffences related to operation of a motor vehicle include:• Operating a motor vehicle in a manner that is dangerous to the public in a “public place”.• Fleeing the scene of an accident which the individual is involved in—Actus reus and Mens reas must be proved.
Impaired DrivingStatistics in Canada• In 2007, roughly 1.84 million Canadians reported that they had driven when they felt they were over the legal limit.• In fact, about one-third of all Canadian drivers killed in car crashes had been drinking.• Over 1,000 Canadians—impaired and sober—die each year in alcohol-related crashes.• In total, these crashes cost Canadians over $10.6 billion a year in lost wages, property damage and health-care costs.-Transport Canada, 2010
Offences for Impaired DrivingThere are 4 offences outlined in Section 253 of theCriminal Code:1. Driving while ability is impaired by alcohol or drugs2. Care or control of a motor vehicle when impaired by alcohol or drugs3. Driving while the blood-alcohol level is over 80, and4. Care or control of a motor vehicle when blood-alcohol level is over 80
Tests for Impaired DrivingThe Criminal Code provides various methods to detectimpairment:•Screening devices at the roadside•Breath samples•Blood testsA Roadside screening test is a demand that a driverbreathe into an approved testing device.A breathalyzer is an approved instrument that analyzes asample of a person’s breath to measure the concentrationof alcohol is the person’s blood.
Breathalyzer’s Cont’d• A breathalyzer must be demanded not requested• Under the Charter of Rights and Freedoms a person has the right to legal counsel in a reasonable amount of time.• Breath samples must be taken by a qualified technician• Blood samples may be taken only by a medical practitioner• Blood samples must be taken within 2 hours of the offence.
Penalties for Drinking and Driving• Penalties are outlined in the following slides.• In some provinces a judge may discharge an offender whom he or she feels would benefit from treatment for addiction.• Each province has legislation related to drinking and driving• A convicted offender may be subject to both federal and provincial penalties• Other ramifications for drinking and driving can include demerit points, which are points taken from a licensed driver and can lead to license suspension.