In December, 2018, the federal government introduced legislation that allowed police officers to demand a sample of saliva from a driver if the driver is suspected have a drug in their body.
The devices used across Canada are the Drager DrugTest 5000 and the Abbott SoToxa. Both of these require a driver to use a swab to collect a sample of saliva, which is then analyzed by the device for the presence of certain drugs.
As we have explained on the blog before, the collection method is invasive and uncomfortable. And unlike alcohol screening at the roadside, where a sample is analyzed and a result produced in a few seconds, the drug testing device takes up to ten minutes to perform the analysis.
Our office quickly filed a constitutional challenge to the legislation, in Halifax, Nova Scotia. We argued that the legislation violated the right to counsel and the right to be secure against unreasonable search and seizure.
Although the pandemic has posed some challenges in moving the matter along, we are finally ready to have the case heard. Kyla will be travelling to Halifax the week of April 11, 2022 to argue in Nova Scotia Supreme Court. She will be going up against a lawyer for the provincial government of Nova Scotia as well as a lawyer for the Government of Canada.
The hearing is scheduled for two days. Over the last several months, Kyla has been busy on evenings and weekends working on her argument. We’ve read it – it’s smart, precise, and uses the government’s own evidence to try to prove her points. Regardless of the outcome, we know that the judge will have a very difficult task with the evidence and arguments presented by all sides in this case.
Acumen Law is committed to advancing the cause of justice for people facing driving law investigations. Our lawyers frequently take on pro-bono challenges to unfair or unjust laws. This is another example in a string of constitutional challenges that Acumen has brought or has been involved in. Kyla has been funding this whole challenge, including the travel and lodging costs, out of her own pocket.
Although we have limited resources, it is important to us to give back to the community by advancing and funding challenges like these. In the coming weeks we have several major and minor challenges and court cases that will be heard. Our hope is that we can make the justice system more fair for drivers and help to keep an important check on the exercise of power that government and police have.
Keep an eye on Kyla’s social media on the week of April 11, 2022 for updates on the case and watch this space for updates on the outcome once the decision is rendered.