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RCMP in the Northwest Territories has begun using roadside cannabis detection technology that has faced criticism from defense attorneys elsewhere in Canada.
Mounted police in the territory announced late last month that they had deployed devices designed to take a saliva sample and detect the presence of tetrahydrocannabinol, also known as THC, the main psychoactive substance in cannabis. They said the technology would help them spot drunk drivers and make roads safer.
But some criminal defense attorneys have raised concerns about the ability of these devices to provide reliable test results, particularly in cold temperatures. They argue that the technology is not effective in determining whether someone is disabled.
“It can lead to actually innocent people being arrested,” said Kyla Lee, a Vancouver-based attorney.
Lee said research has shown that devices are more likely to give false results in extremely cold temperatures, and movement during testing could also affect results. He added that while the devices can give a positive or negative test result, they do not indicate how much THC may be in a person’s bloodstream.
Lee recently represented a Nova Scotian woman in a constitutional challenge to the law allowing roadside drug-testing technology in Canada.
Michelle Gray, who uses cannabis for multiple sclerosis, had her car impounded and her license suspended for a week after she failed a cannabis saliva test at a highway checkpoint in 2019, despite he passed a field sobriety test that same night.
“The technology doesn’t yet exist that allows police to make a drug disability determination using physical equipment,” Lee said.
Lee is awaiting a decision on the constitutional challenge in Nova Scotia. She said that she expects there will be more court challenges in other Canadian jurisdictions where these devices are used, including the Northwest Territories.
There are two approved roadside cannabis detection devices in Canada: the Drager DrugTest 5000 and the Abbott SoToxa mobile testing system. The companies that manufacture the devices recommend that they be used in temperatures no lower than 4 C and 5 C, respectively.
Cpl. Andree Sieber of the Regina Police Service, which began using roadside devices to detect cannabis use in early 2020, said officers take drivers to their vehicles for tests to avoid problems with police. weather conditions or temperature.
“We’ve used it for every season here in Regina,” he said. “We have very cold winters and some pretty nasty cold and snowy days and you have the attendant in your vehicle where it gets warm and it’s not a problem.”
Sieber said that the more THC a person has consumed, the more likely they are to show signs of impairment and test positive.
The RCMP said roadside detection devices are just one tool they use to detect and investigate drugged drivers along with officer observations. They said field sobriety tests and drug recognition experts remain the main enforcement tools.
“Police officers rely on what they see and hear, as well as what they smell when investigating drunk drivers,” the RCMP said in a written statement. “Regardless of how a drug is used, there are signs of that use and the police are trained to recognize them.”
This report from The Canadian Press was first published on August 13, 2022.
This story was produced with the financial assistance of Meta and the Canadian Press News Fellowship.