The federal government announced today that it will be paying for Dräger DrugTest 5000 devices in BC. The money is part of funding being given to police forces across Canada to enforce new impaired driving laws.
Organized Crime Reduction Minister Bill Blair was at Vancouver Police Department (VPD) headquarters today (Tuesday) to announce $10.1 million over five years for BC police to fight drug-impaired driving. The money is part of a previously announced $81 million the federal government has promised to provinces and territories for public and road safety activities. It follows a similar announcement recently of $17 million over five years for Ontario police for the same purposes.
The money will be spread out over five years and will go towards training BC police officers in standardized field sobriety testing (SFST), Training for Drug Recognition Experts (DREs) and new roadside drug testing devices.
Minister Blair said that the money would be also be used to establish dedicated trainers to deliver new training to officers. He added part of the funding will be used to buy drug screening devices to develop “standardized data collection and reporting practices to help the province get a clear picture of the extent of the problem, analyze trends, identify gaps and respond appropriately”.
The extra funding has been welcomed by Chief Adam Palmer of the VPD who said there will soon be 20 DREs in Vancouver in addition to 200 trained sobriety testers on the city’s highways. But the question still needs to be asked, do we really need them? Let’s face it, de facto legalization of cannabis has been in operation for years during which time police have effectively turned a blind eye to marijuana use. What’s more, by their own admission, there has not been a sudden spike in the number of drug-impaired drivers following legalization. A grand total of 20 people have been charged under the Cannabis Act so far – hardly a huge number. So why do we suddenly need so many extra SFST-trained officers and DREs?
At Acumen Law Corporation, we are concerned that this funding is being wasted. The Dräger DrugTest 5000 is in the unusual position of having been approved for use in Canada by the federal government while also being widely rejected by police forces across the country. This includes the VPD, the same force where the announcement was made today publically stated it would not be using the Draeger machine.
Our problems with the Dräger DrugTest 5000 are well documented. From questions about its accuracy to its ability to function only in temperatures between four to 40 degrees celsius rendering it useless for much of Canada for large parts of the year. It’s also fair to say there is little public faith or support in the device. More importantly, however, a major sticking point for police forces has been the cost.
Each device costs an estimated $6,000 although the overall investment might be as high as $10,000. Each time an officer wants to make a test, it will cost $20 for a disposable cartridge. The price tag dissuaded lots of cash-strapped police forces from buying them, especially since they would need to purchase multiple devices.
Given that so many police forces have said they are worried over the cost of the devices, the government is doubling down on its support for the Dräger DrugTest 5000 by paying for them to be used in BC. The government can, therefore, trump concerns over cost by paying for them itself. The threat of a constitutional challenge hangs over the Dräger DrugTest 5000 meaning if it is found to be invalid, the government will have wasted precious police funding. We believe the money would be better spent on researching alternative devices or methods for roadside drug impairment. Until then, the government will be footing the bill for a device that police do not want to use and is not fit for purpose.