There’s a pothole in Autopac’s policy on impaired driving

Opinion

Hey there, time traveller!
This article was published 16/03/2019 (2397 days ago), so information in it may no longer be current.

The policy of installing an ignition interlock device for drivers who have been convicted of driving while impaired by marijuana enters the realm of absurdity.

Think about it: a device created to detect and deter suspected alcohol-impaired drivers is now required equipment for anyone who wants to drive following a conviction for driving while impaired by marijuana.

A driver could literally inhale from a pot smoking device, then blow the smoke into the interlock machine — and the device would not affect the starting of the vehicle.

I’m not making this up. Right now, a conviction for driving while impaired by marijuana triggers Manitoba Public Insurance’s requirement that an alcohol-detecting ignition interlock device be installed in the person’s vehicle. MPI’s policy essentially lumps marijuana and alcohol impairment together and appears to want to treat them the same.

Let’s look at the alcohol side of things. When a driver is convicted of driving while impaired by alcohol, the Criminal Code of Canada sets out a minimum fine and minimum one-year driving prohibition. Subsequent to the expiry of the suspension, MPI requires the installation of an ignition interlock device for a one-year period. This device detects alcohol, and if it does so, the vehicle will not start.

Again, you could pull out your favourite bong, inhale deeply and blow deeply into one of these devices and immediately be green-lighted by the device to go on your merry way, while your cannabis takes effect. Regarding “marijuana impairment,” there is no legally defined threshold for what will be considered an acceptable marijuana reading.

This isn’t surprising, as marijuana can be consumed in many different ways, shapes and forms and is metabolized differently in each individual’s bloodstream. There simply is no allotted amount in your system with which you can legally drive.

Back to the alcohol for a second. So, between the mandatory administration charge, the installation of the device and the monthly monitoring, as well as de-installation charges when you finish your time, the cost to the offender is approximately $1,500.

Ouch.

And beyond the obvious financial ramifications, there’s an additional set of challenges for those who drive for a living. They might need to convince their employers to permit the installation of the device into a company vehicle, and in doing so, likely suffer irreparable harm to their reputations.

Back to the marijuana, where all of the above apply — but with one distinct difference. The whole process serves no purpose whatsoever. Or perhaps, it is a quick cash grab by a Crown corporation, easily slapped onto the backs of a group that no one really cares about, or has much sympathy for?

Yes, until it’s you.

Much like MPI’s position that drivers must swerve away from potholes to avoid being at fault for vehicle damage, requiring alcohol testing devices in the cars of pot smokers makes no sense and just adds insult to injury.

David Wolfe Walker is a criminal defence lawyer in Winnipeg.