Waterloo Region Record

Drugged-driving issue gets clearer

Decision regarding preliminar­y examinatio­n of expert testimony paves way for speedier trials

- Jim Bronskill The Canadian Press

OTTAWA — Expert testimony can be admitted in drugged-driving trials without a preliminar­y examinatio­n of the evidence, the Supreme Court said Thursday in a decision that could help expedite the judicial process in the legalized-marijuana era.

The 5-2 court decision on the case of an Ottawa motorist comes as the federal Liberal government prepares to introduce longpromis­ed legislatio­n to legalize the recredrug-impaired ational use of pot — a plan that has vast implicatio­ns for policing the roads.

“Driving while impaired by drugs is a dangerous and, sadly, common activity, prohibited by the Criminal Code,” Chief Justice Beverley McLachlin wrote in her reasons for the majority decision.

“Parliament long ago establishe­d a regime to enforce the law against alcoholimp­aired driving, with breathalyz­er testing and analyst certificat­ion at its centre. Enforcing the offence of drug-impaired driv- ing was more elusive.”

In 2008, Parliament sought to confront that challenge with a new regime that includes a 12-part evaluation for drug impairment, establishe­d through regulation­s, to be administer­ed by police officers who receive special training and certificat­ion — so-called “drug recognitio­n experts.”

In May 2009, Carson Bingley cut off a driver, crossed the centre line and drove into the opposite lane, nearly striking oncoming traffic before bumping into a car in a nearby parking lot. He failed sobriety tests administer­ed by a drug recognitio­n expert and admitted to smoking marijuana.

Bingley was acquitted of driving while despite the expert’s evidence, which the judge found could be admitted without a voir dire, or preliminar­y examinatio­n of the evidence.

An appeal led to a second trial, where a judge found that the evidence must be vetted in a voir dire. The subsequent preliminar­y examinatio­n led the judge to rule the expert evidence inadmissib­le, resulting in a second acquittal.

The Crown successful­ly appealed and a third trial was ordered; Thursday’s Supreme Court ruling means that trial will go ahead.

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