2. Learning Outcomes:
1. Describe the effects of impaired driving and the use of narcotics on Canadian
society
2. List the offences connected with drug use
3. Recognize the right of police in the search for and seizure of narcotics
4. Distinguish between restricted and controlled drugs
5. List the offences connected with impaired driving
6. Describe the procedures for roadside testing and taking breath samples
7. Recognize the effect of a conviction for drinking and driving on an offender’s
future.
3. The Narcotic Control Act
In the 1960s there was an increase use of narcotics
in Canada.
The LeDain Commission was a royal commission
appointed to study the non-medical use of drugs in
the 1960s.
4. The Narcotic Control Act
The Narcotic Control Act:
• Criminalizes possession and trafficking in narcotics
• The law governing narcotics is the same across Canada since
crime falls under federal jurisdiction
• The Act defines a narcotic as: “any substance included in the
schedule or anything that contains any substance included in the
schedule”
• A schedule in the Act lists over 100 drugs considered to be
narcotics.
5. Individuals can be prosecuted under the Narcotics
Control Act for the following offences:
•Possession
•Possession for the purpose of trafficking
•Importing
•exporting
6. Possession
• Under the Narcotic Control Act it is an offence to possess a
narcotic, unless legal permission has been given to do so.
• Section 4(3) of the Criminal Code defines Possession as:
– A person has anything in possession when he has it in his personal
possession knowingly
• Has it in the actual possession or custody of another person
• Has in in any place, whether or not that place belongs to or is occupied by him
for the use or benefit of himself or of another person; and,
• Where one of two or more persons, with the knowledge and consent of the
rest, has anything in his custody or possession, it shall be deemed to be in the
custody and possession of each and all of them
7. Trafficking
The Act defines trafficking as meaning to
“manufacture, sell, give, administer, transport,
send, deliver or distribute”
– Police can no longer entrap individuals or use physical
violence to obtain evidence
– Police also cannot undertake Random Virtue Testing-
the practice of investigating an individual for drug
offences without having reasonable grounds to do so
8. Importing and Exporting
• Section 5 of the Narcotic Control Act makes it an
offence to import or export any narcotic.
• Arranging for importation can also result in a
conviction
• The offence is complete when goods enter or
leave the country.
• Maximum penalty: Life imprisonment
9. Prescription shopping
• Prescription Shopping or double doctoring is
when an individual trys to obtain the same
prescription from a number of doctors.
• This is a hybrid offence
• Max penalty: 7 years
10. Enterprise Crime and Laundering
• Laundering means to use, transfer the possession
of, send, transport, transmit, alter, dispose of, or
otherwise deal with any property or proceeds
from certain offences.
• Examples: movement of cash, obtained through
the drug trade.
11. The Food and Drug Act
• The purpose of the Food and Drug Act is to
ensure that food, medicines, cosmetics and
medical devices are safe for Canadian
consumers.
• The Act covers controlled drugs and restricted
drugs.
• See pg. 218 of the text for Penalties under this
act.
12. Controlled Drugs
• Listed under section G of the Food and Drug Act
• Controlled Drugs are drugs legally prescribed by
doctors
• Include: Amphetamines and Barbituates, called
“uppers” and “downers”
• Barbituates are used as sedatives or hypnotics;
sleeping pills are an example
• Amphetamines are used to treat depression and
decrease the appetite to achieve weight loss
13. Controlled Drugs, Cont’d
Offences related to controlled drugs:
– Trafficking controlled drugs
– Possess controlled drugs for the purpose of
trafficking
– “To give” and “to administer” are not included under
the definition of trafficking in the Food and Drug Act.
14. Restricted Drugs
• Drugs listed in Schedule H of the Food and Drug
Act.
• Restricted Drugs are illegal drugs not used for
medical purpose, such as LSD – Lysergic acid
diethylamide and MDA – Methylene-
dioxyamphetamine
• It is an offence to traffic them or possess them
for the purpose of trafficking.
15. Drinking and Driving
• Drinking and driving laws are divided between
both federal and provincial jurisdictions.
• The Criminal Code covers criminal offences
related to drinking and driving
• In 1985 amendments were made to the Code
that introduced new offences, increase penalties,
and expand penalty options.
• Criminal code defines a motor vehicle as a
vehicle that is drawn, propelled, or driven by any
means other than by muscular power.
16. Operation of a motor vehicle
Offences related to operation of a motor vehicle
include:
• Operating a motor vehicle in a manner that is
dangerous to the public in a “public place”.
• Fleeing the scene of an accident which the
individual is involved in—Actus reus and Mens
reas must be proved.
18. Impaired Driving
Statistics in Canada
• In 2007, roughly 1.84 million Canadians reported that
they had driven when they felt they were over the legal
limit.
• In fact, about one-third of all Canadian drivers killed in
car crashes had been drinking.
• Over 1,000 Canadians—impaired and sober—die each
year in alcohol-related crashes.
• In total, these crashes cost Canadians over $10.6 billion
a year in lost wages, property damage and health-care
costs.
-Transport Canada, 2010
19. Offences for Impaired Driving
There are 4 offences outlined in Section 253 of the
Criminal Code:
1. Driving while ability is impaired by alcohol or drugs
2. Care or control of a motor vehicle when impaired by
alcohol or drugs
3. Driving while the blood-alcohol level is over 80, and
4. Care or control of a motor vehicle when blood-alcohol
level is over 80
20. Tests for Impaired Driving
The Criminal Code provides various methods to detect
impairment:
•Screening devices at the roadside
•Breath samples
•Blood tests
A Roadside screening test is a demand that a driver
breathe into an approved testing device.
A breathalyzer is an approved instrument that analyzes a
sample of a person’s breath to measure the concentration
of alcohol is the person’s blood.
21. Breathalyzer’s Cont’d
• A breathalyzer must be demanded not requested
• Under the Charter of Rights and Freedoms a person has
the right to legal counsel in a reasonable amount of
time.
• Breath samples must be taken by a qualified technician
• Blood samples may be taken only by a medical
practitioner
• Blood samples must be taken within 2 hours of the
offence.
22. Penalties for Drinking and Driving
• Penalties are outlined in the following slides.
• In some provinces a judge may discharge an offender
whom he or she feels would benefit from treatment for
addiction.
• Each province has legislation related to drinking and
driving
• A convicted offender may be subject to both federal and
provincial penalties
• Other ramifications for drinking and driving can include
demerit points, which are points taken from a licensed
driver and can lead to license suspension.
