Posted on 05/02/2014, 11:34 am, by mySteinbach

Changes introduced to the Highway Traffic Act would improve the safety of Manitobans on provincial streets and highways by taking drug-impaired drivers off the roads. This statement was made by Justice Minister Andrew Swan.

“We are enhancing road safety by giving law enforcement officers the tools they need to get all impaired drivers off the road,” said Minister Swan. “These changes will ensure all drug-impaired drivers will face immediate consequences, including roadside licence suspensions, regardless of the type of test police use to assess them. With this legislation, the government continues to send a clear message that only sober and safe drivers are welcome on our roads.”

To determine if a driver is under the influence of drugs, the Criminal Code of Canada currently allows police to demand a physical co-ordination test. Police can also require a more comprehensive drug recognition evaluation test, which can lead to criminal impaired driving charges.

Under the current Highway Traffic Act, drivers who fail the physical co-ordination test have their licence immediately suspended. There are also sanctions in place for drivers who refuse to participate in the test or fail to follow officers’ instructions. However, when police have reasonable grounds to do so, they may decide to demand the drug recognition evaluation test without first administering a physical co-ordination test. The changes introduced today would ensure all consequences under the Highway Traffic Act equally apply in either situation, if the officers believe the individual is unsafe to drive or the driver refuses the test, Minister Swan said.

Police agencies and other stakeholders were consulted as the amendments were developed. They identified the lack of roadside sanctions when using the drug recognition evaluation as a gap in the existing legislation.

“Winnipeg Police Service members remain committed to ensuring that our roads continue to be a safe place for all within the community,” said Devon Clunis, chief, Winnipeg Police Service. “These amendments to the Highway Traffic Act will better equip our officers in their battle against those who choose to drive while impaired by drugs.”

Minister Swan noted Manitoba continues to have some of the toughest sanctions for impaired drivers in the country, such as:

  • driver’s licence suspensions, which include the possibility of a 10-year or lifetime suspensions;
  • vehicle seizure and impoundment sanctions, which can include the forfeiture of a vehicle in the most serious cases; and
  • mandatory ignition interlocks, which can remain in place for up to a lifetime.