This is how a number of criminal defence lawyers from around the country are referring to the Dräger DrugTest 5000, recently approved by the federal government as a device to be used by police the in testing of drivers for impairment from marijuana.
Defence counsel who spoke with The Lawyer’s Daily said the use of the Dräger will most certainly lead to constitutional challenges due to what they allege to be the machine’s unreliability.
This is the latest pothole in the Canadian government’s bumpy road to marijuana legalization, scheduled to take place Oct. 17.
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Vancouver lawyer Kyla Lee of the Acumen Law Corporation has said she is ready to file legal challenges when police start using the device. She questions “the functionality of the device in cold temperatures.
“The device has an operating temperature range of between 4 and 40 degrees Celsius, which is obviously hugely problematic in Canada because a significant portion of the country a significant amount of time in the year is outside that temperature range.”
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