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Re: shell3 post# 23106

Tuesday, 07/31/2018 12:37:39 PM

Tuesday, July 31, 2018 12:37:39 PM

Post# of 27689
Read the current statute at http://laws-lois.justice.gc.ca/eng/acts/C-46/section-254.html The only breathalizer anticipated under current law is for alcohol. Read the bill in its latest version at http://www.parl.ca/DocumentViewer/en/42-1/bill/C-46/royal-assent It only still only provides for a breathalizer for alcohol. It allows for physical coordination tests for drugs and alcohol, breath for alcohol or "bodily substance" for drugs. Ergo, to have an approved drug breathalizer in Canada that cops can use will require the statute to be amended. Legislature will have to respond to market.

Testing for presence of alcohol or drug
320.?27 (1) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a conveyance, the peace officer may, by demand, require the person to comply with the requirements of either or both of paragraphs (a) and (b) in the case of alcohol or with the requirements of either or both of paragraphs (a) and (c) in the case of a drug:
(a) to immediately perform the physical coordination tests prescribed by regulation and to accompany the peace officer for that purpose;
(b) to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of an approved screening device and to accompany the peace officer for that purpose;
(c) to immediately provide the samples of a bodily substance that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of approved drug screening equipment and to accompany the peace officer for that purpose.
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