Two lawyers from a Vancouver-based law firm say they are ready to challenge the usage of a newly approved saliva-screening device for marijuana in court as soon as it hits the road.
On Monday, federal Justice Minister Jody Wilson-Raybould approved the Dräger DrugTest 5000, a device that will soon be available to police forces across the country to combat drug-impaired driving, as the government prepares for legalization in October.
But its design may render it “ineffective” for enforcement in Canada, according to Kyla Lee, a lawyer with Acumen Law.
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“It doesn’t give evidence of impairment. All it gives is the presence of a drug in a person’s body. Whether or not that impairs that person is specific to every individual. We’re treating cannabis as though it’s the exact same as alcohol, that having a certain amount in your body will make you impaired, but that’s just not how cannabis works.”
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