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Using cannabis and driving? Learn more about Bill C-46 (Part III)

Where there’s smoke there’s uncertainty: Details of Bill C-46

Today, as a continuation of our last article, we conclude our series on the legislation introduced by Bill C-46 with a discussion on the currently approved testing equipment.

The recently passed Bill C-46 amends laws in the Canadian Criminal Code pertaining to impaired driving offenses, in response to the upcoming legalization of Cannabis in a few weeks. The federal laws Bill C-46 amends will come into effect this December, but many lawyers have raised concerns that this overhaul of impaired driving laws may in fact be unconstitutional in that it opens up a real possibility of criminal charges being laid on sober drivers.

In this series of articles, we explored some of the issues Bill C-46 creates that you ought to be aware of.

Problems with actually measuring THC roadside.

Unlike testing for a driver’s blood alcohol content by using a breathalyzer roadside, driver’s blood THC levels will be measured with a saliva sample via a mouth swab. The most recent device for analyzing saliva samples that has been approved is the “Drager DrugTest 5000”. This equipment will be made available to local authorities all over the country, but local police forces will ultimately decide on what equipment they wish to use.

Although these saliva-screening devices have proven to be accurate and effective in the lab, they do have a fairly large problem when used roadside: they are likely to register false-positives when they get cold.

The optimal working temperature range for the Drager DrugTest 5000 is 4-40°C. While this isn’t a huge concern in more temperate parts of the country, this could prove to be an issue during our famously long and cold Canadian winters – especially in the prairie provinces and territories. This opens up the possibility that sober drivers who have never consumed cannabis products could face criminal charges if testing temperature conditions fall outside this range.

Furthermore, as we mentioned in our first article of this series, there is no scientifically agreed upon blood THC level to definitively indicate impairment. As such, these devices only quantify a certain metabolite produced by the body’s breakdown of THC to accurately estimate  blood THC levels – not actual impairment. In a statement released with the draft of the legislation Bill C-46 introduces, Ottawa indicated that the low level offense of having a THC blood concentration of 2-4ng/mL, was not created as a means to link a driver to impairment, but rather as a “precautionary or crime prevention approach”.

*If you’re looking for a criminal lawyer in Edmonton, click here.

*If you’ve been charged with a DUI and need a lawyer in Edmonton, click here.

The post Using cannabis and driving? Learn more about Bill C-46 (Part III) appeared first on Right Legal.

Using cannabis and driving? Learn more about Bill C-46 (Part II)

Where there’s smoke there’s uncertainty: Details of Bill C-46

In our last article, we started exploring certain issues with the recently passed Bill C-46, which makes amendments to laws in the Canadian Criminal Code pertaining to impaired driving offenses, in response to the upcoming legalization of Cannabis in a few weeks.

The federal laws Bill C-46 outlines will come into effect this December, but many lawyers are now raising concerns that its amendments may be unconstitutional. Furthermore, many are worried that Bill C-46 opens up the real possibility of criminal charges being laid on sober drivers.

In this series of articles, we explore issues Bill C-46 creates that you ought to be aware of.

Increased powers for police.

Beyond just addressing specific concerns regarding cannabis use and impaired driving, amendments within Bill C-46 provide a blanket increase to police powers. As the law currently stands, police may stop any driver to ensure they are sober. If police have ‘reasonable suspicion’ that a driver is impaired, they may demand a driver submit to a roadside breathalyzer test to determine approximate blood alcohol content. The standard for ‘reasonable suspicion’ is fairly low and may be met with any of the following:

• Erratic or unsafe driving
• Open alcohol containers within the vehicle
• Detection of the odour of alcohol on a driver’s breath
• Bloodshot eyes
• Slurring of speech and other altered behaviors
• A driver’s admission to drinking alcohol

These indications are fairly easy to spot – even by a lay-person, let alone a trained and experienced police officer. Bill C-46 expands these police powers in that ‘reasonable suspicion’ is no longer required. As of December 18th, 2018, police officers across Canada will be able to stop any driver and demand they submit to roadside testing for impairment.

Lawyers are now questioning the implications of this increase in unrestricted police power. Many argue that the current ‘reasonable suspicion’ standard is flexible and effective. Allowing police to demand samples from anyone without any cause for suspicion opens doors for discrimination (such as racial profiling).

Furthermore, protection from ‘unreasonable search and seizure’ is outlined in the Canadian Charter of Rights and Freedoms. As such, some are now arguing that the amendments in Bill C-46 that remove this ‘reasonable suspicion’ standard (effectively granting police powers to compel a sample from anyone for no reason whatsoever) are outright unconstitutional. In essence, Bill C-46 removes the right to refuse to comply to a police demand that a person produce a sample of either their breath or saliva. Frustrated or rushed sober drivers ignorant of this could, as a result, face criminal charges.

*If you’re looking for a criminal lawyer in Edmonton, click here.

The post Using cannabis and driving? Learn more about Bill C-46 (Part II) appeared first on Right Legal.

Using cannabis and driving? Learn more about Bill C-46 (Part I)

Where there’s smoke there’s uncertainty: Details of Bill C-46

Though we’re often told that ignorance of the law is no excuse for breaking it, Canadians might be excused (from at least a practical standpoint, if not a legal one) for not fully understanding Bill C-46, and unknowingly suffer the risk of facing criminal charges.

*If you’re facing a DUI charge and need a lawyer in Edmonton, Click here.

Bill C-46 was given Royal Assent on Jun 21st, 2018 and its comprehensive revision of the Criminal Code for impaired driving offenses in response to the upcoming legalization of Cannabis in a few weeks. The federal laws Bill C-46 outlines will come into effect this December, but many lawyers have concerns that this overhaul of impaired driving laws may in fact be unconstitutional in that it may result in criminal charges being laid on sober drivers.

In this series of articles, we explore issues Bill C-46 creates that you ought to be aware of.

Blood THC levels above 2ng/mL will become criminal for drivers.

Bill C-46 restricts the permissible amount of THC (the main psychoactive compound in cannabis) drivers may have in their system (much like the current laws regarding blood alcohol level limits). Come December, drivers caught with a THC level between 2 and 4 nanograms (ng) /millilitre (mL) of blood will face a summary conviction and a fine of up to $1,000. Drivers found with a blood THC level of 5ng/mL or more face a hybrid offense (a summary conviction and indictable criminal offence) and, depending on the severity, jail time of up to 10 years in addition to a heftier fine.

There is a problem with this 2ng/mL cut-off, however, in that it’s not really backed by science. Some toxicologists and pharmacologists have indicated that THC levels can, in some cases, have little impact on a person’s driving ability: Unlike alcohol, which is processed in a reliable, time-dependent fashion from the body without being retained, THC is a fat-soluble compound that can remain stored in a person’s fat cells for a significant period of time without resulting in impairment. As such, THC can be released into the bloodstream long after consuming cannabis – especially during periods of fasting or weight-loss.

This makes making guidelines difficult for how long you should wait after consuming cannabis before driving, from either a legal or a practical impairment standpoint. It depends on the concentration and amount of cannabis used (there is currently no metric of what a ‘dose’ is like there is for alcohol), how often you consume it, as well as your individual physiology and genetics. As a result, not even experts could precisely tell you when you’re legal to drive after use, especially if you’re a regular user. Indeed, a study has shown that for up to seven days following using marijuana, two nanograms of THC can remain in a person’s blood.

The consequences of this wide variation and uncertainty means Bill C-46 has created instances where functionally sober cannabis users may be subject to criminal charges.

*Read more about how a DUI charge can affect your life.

The post Using cannabis and driving? Learn more about Bill C-46 (Part I) appeared first on Right Legal.

Legal Oddities (Part II): Funny weird laws still on the books in Alberta.

Think you’re not breaking the law? Think again!

In our last post, we outlined some of the quirky laws in the Canadian Criminal Code. In this second installment, we’ll explore some strange laws still in effect in Alberta.

Provincial Laws

In the province of Alberta, it is illegal to:

Keep a rat as a pet.

Since 1950, Alberta has designated the Norway Rat to be “one of the most destructive creatures known to man” and has designated them to be a pest. As such Alberta is the largest rat-free area in the world.

Paint a wooden ladder.

According to the 2013 Occupational Health and Safety Code, it is not lawful to paint a portable wooden ladder, so that users may easily determine their condition and safety. They can however be covered in a “transparent protective coating that won’t conceal any defects.” Let it never be said that Alberta’s ladder laws aren’t transparent!

Municipal Laws

In the city of Calgary, it is not legal to:

Throw snowballs without a permit.

An old bylaw in Calgary makes it illegal for anyone to throw snowballs within city limits without express consent from the mayor or city council.

Place your feet on a public bench.

According to bylaw 54M2006, it is not lawful for a person to “stand or put his feet on the top or surface of any table, bench, planter or sculpture placed in any public place”. Mind where you tie your shoelaces in Calgary!

In the city of Edmonton, it’s illegal to:

Smell bad.

In case there was any confusion regarding the federal law on public odors we mentioned in our last post, the city of Edmonton took things a step further by with the Community Standards Bylaw which bans the “production of any generally offensive odours” not just in public, but in general use of land. Apparently we Canadians (especially Edmontonians) take hygiene very seriously!

*If you’ve been charged with malodorous intent, click here to speak with a criminal lawyer.

The post Legal Oddities (Part II): Funny weird laws still on the books in Alberta. appeared first on Right Legal.

Legal Oddities (Part I): Funny weird laws still on the books in Canada

Think you’re not breaking the law? Think again!

We often think of the law as something born from logic – on the books to serve some end. While this is true for most laws, there are some that seem devoid of reason. This often a result of not aging well: while they may have made sense when they were originally passed, they lack relevance in the modern era. The following are some strange laws that many Canadians likely don’t know they’re breaking.

In Canada, it is illegal to:

Pretend to practice witchcraft

Harry Potter fans beware! According to the Canadian Criminal Code, it is illegal to pretend to perform any kind of “witchcraft, sorcery, enchantment or conjuration”. Note that it’s perfectly legal to perform magic legitimately – just be prepared to prove it!

Watch, or participate in immoral theatrical performances.

This restriction falls under Canada’s anti-obscenity laws. If you think this one hasn’t been used recently, think again. In 2005, a strip-club was fined $7,500 not for nudity, but for the use of sex toys during a performance.

Offend a public place with a bad smell.

Though aimed at preventing the use of stink-bombs and the like in public places, the wording of this law prohibits any “offensive volatile substance” (smell) that causes “discomfort” in public places. Pass gas at your own peril in Canada!

Distribute comic books depicting characters performing illegal acts.

A leftover of the moral panic of the 1950s, under the section of the Canadian Criminal Code outlining “Offenses tending to Corrupt Morals”, it is illegal to distribute “crime comics”, defined as being any publication that “substantially comprises matter depicting pictorially […] the commission of crimes, real or fictitious”. Technically, this means that Batman comics are contraband.

Advertise Erectile Dysfunction Drugs

This is another one of those “Offenses tending to Corrupt Morals”. Originally aimed at stopping fraudsters from selling fake remedies for virility, the law does not consider remedies that are actually proven to work. Sorry Viagra!

*If you’re looking for a criminal lawyer in Edmonton, click here.

*For more information on Canadian laws that actually make sense, click here to read about new impaired driving laws.

 

 

The post Legal Oddities (Part I): Funny weird laws still on the books in Canada appeared first on Right Legal.

Need an employment lawyer? Learn more about unjust dismissal claims.

What are the different types of unjust dismissal?

If you’ve lost your job and think you’ve been treated unfairly, you may want to engage an employment lawyer and inquire about an unjust dismissal claim. An unjust dismissal claim is one where you challenge an employer’s decision to terminate your employment as being unlawful (either by violating terms of the original employment contract, or by a violation of legal code governing employment standards) and demand fair compensation. Although such claims are often settled out of court, litigation is sometimes required. In either case, a lawyer specializing in employment law can be invaluable in outlining your options and the best strategy for getting fair compensation.

*If you’re looking for a lawyer specializing in employment law, click here.

Wrongful dismissal claims can be broadly categorized into three types – unfair, wrongful and constructive.

Unfair Dismissal

An unfair dismissal is one where an employee is unjustly dismissed:

• without fair reason, and an employer refuses to pay fair compensation (fair reasons include prolonged absence, misconduct (such as theft), or unsatisfactory performance),
• without fair procedure (such as an unfair evaluation of an appropriate reason to dismiss), or
• for an unfair reason (such as unlawful discrimination based on, sex, gender, religion, ethnicity or sexuality to name a few. Click here to learn more about the Canadian Human Rights Act).

 

Wrongful Dismissal

Wrongful dismissals occur when an employee’s dismissal breaches the terms outlined in their employment contract, such as failing to provide the correct notice period prior to dismissal without compensation (the pay that would have been earned had the dismissal notice period been properly observed.

Constructive Dismissal

Constructive dismissals occur when an employee is forced to resign due to a gross breach of their employment contract by their employer (such as via bullying, failing to pay, creating an intolerable work environment (e.g. dangerous conditions), or unreasonably changing the original conditions of employment (e.g. unreasonable hours or location).

Learn more about unjust dismissal laws in Canada.

*For more information on employment law, see our article here.

The post Need an employment lawyer? Learn more about unjust dismissal claims. appeared first on Right Legal.