Bill C-46 and the amendments to the criminal code
| Author | Nathan Baker |
| Pages | 106-122 |
CHAPTER
8
Bill
C-46
and
the
Amendments
to
the
Criminal
Code
Bill
C-46,
An
Act
to
amend
the
Criminal
Code
(offences
relating
to
conveyances
)
and
to
make
consequential
amendments
to
other
Acts,
passed
the
House
of
Commons
on
31
October
2017.
While
certain
changes
are
likely
to
occur
to
the
exact
wording
of
the
bill,
there
is
a
legislative
desire
to
see
this
bill
passed
coincident
to
the
legislation
that
is
to
legalize
marijuana
in
Can
ada.
The
changes
to
the
Criminal
Code
affect
both
alcohol-
and
drug-im
paired
driving
and
set
up
the
legislative
scheme
for
testing,
as
well
as
a
number
of
evidential
burdens
that
will
be
shifted
to
the
accused
to
dis
prove
in
order
to
maintain
innocence
if
certain
preconditions
are
met
by
the
state.
Part
1
of
the
bill
makes
a
number
of
changes
but
is
immediately
repealed
by
Part
2
and
so
will
not
be
reviewed
in
any
depth.
However,
the
changes
made
in
Part
2
that
touch
on
drug-impaired
driving
will
be
reviewed
section
by
section
in
this
chapter.
The
definition
section
retains,
generally,
the
definition
of
analyst
and
approved
container
as
those
to
be
designated
by
the
Attorney
Gen
eral.
However,
some
new
definitions
arise
and
others
should
be
read
and
understood:
320.11
“
approved
drug
screening
equipment
”
means
equipment
that
is
designed
to
ascertain
the
presence
of
a
drug
in
a
person
’
s
body
and
that
is
approved
by
the
Attorney
General
of
Canada
under
paragraph
320.39(b)
(matériel
de
detection
des
drogues
approuvé)
106
Chapter
8:
Bill
C-46
and
the
Amendments
to
the
Criminal
Code
Although
the
exact
equipment
has
not
been
designated,
it
is
likely
to
include
the
kind
of
equipment
reviewed
relating
to
drug
screening
devices
in
Chapter
3.
“
evaluating
officer
”
means
a
peace
officer
who
has
the
qualifications
pre
scribed
by
regulation
that
are
required
in
order
to
act
as
an
evaluating
officer
(agent
évaluateur)
It
is
anticipated
that
such
designations
will
remain
the
same
as
those
required
of
evaluating
officers
currently.
“
qualified
technician
”
means
...
(b)
in
respect
of
blood
samples,
a
person
who
is,
or
a
person
who
is
a
member
of
a
class
of
persons
that
is,
designated
by
the
Attorney
General
under
subparagraph
320.4(b)
(i)
(techniáen
qualified
While
paralleling
the
current
definition,
this
is
likely
to
become
of
increased
importance
with
the
necessity
of
blood
testing
to
prove
per
se
limits
in
drug-
impaired
driving
cases.
A
new
preamble-esque
section,
320.12,
is
added.
Of
importance
specif
ically
is
the
recognition
that
driving
is
a
privilege
subject
to
sobriety
and
the
importance
of
deterring
persons
from
operating
conveyances
while
impaired
by
a
drug.
However,
it
goes
further
and
statutorily
states
that
(d)
an
evaluation
conducted
by
an
evaluating
officer
is
a
reliable
method
of
determining
whether
a
person
’
s
ability
to
operate
a
conveyance
is
impaired
by
a
drug
or
by
a
combination
of
alcohol
and
a
drug.
This
should
be
of
concern
as
it
seems
to
legislate
that
something
is
reliable
rather
than
relying
on
the
backing
of
science
and
the
ability
of
a
trier-of-fact,
usually
a
judge,
to
properly
assess
the
weight
that
should
be
attached
to
such
testimony.
An
assertion
that
something
is
reliable
when
its
subjective
nature
and
interpretive
application
have
been
commented
on
by
appellate
courts
should
be
of
concern
to
both
the
Crown
who
seeks
to
act
as
a
minis
ter
for
justice
and
defence
counsel
arguing
on
behalf
of
their
clients.
320.14
(1)
Everyone
commits
an
offence
who
(a)
operates
a
conveyance
while
the
person
’
s
ability
to
operate
it
is
impaired
to
any
degree
by
alcohol
or
a
drug
or
by
a
combination
of
alcohol
and
a
drug;
107
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