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Crown experts will unanimously contend that all drivers are impaired even if they have 50 mgs of alcohol in 100 millilitres of blood despite the legal limit being significantly higher at 80 mgs. Despite the seemingly intractable belief of Crown experts on this point, some well respected jurists in Ontario have expressed a healthy scepticism...

(a) Arbitrary Detention?   There was a time when persons operating a vehicle could expect to drive around free from interference by the police. But that was a time long ago before to the advent of the R.I.D.E. (Reduce Impaired Driving Everywhere) program. While there is no question that drinking driving exacts a heavy human...

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New Offences:    Bill C-46, which decriminalized marijuana possession October 17, 2018, creates three entirely new criminal offences that establish per se limits for Blood Drug Concentration (BDC). Like blood alcohol ‘over 80’, offences ‘over BDC’ now exist. The new legislation also creates a presumption of impairment by drug that applies when a drug evaluation officer correctly...

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