Police Chief Paul Ladouceur believes the Estevan Police Service (EPS) will be ready once cannabis becomes legal on Oct. 17.
Speaking with the Mercury, Ladouceur and Deputy Chief Murray Cowan said the issue has been discussed for a long time, but the legalization date still arrived quickly.
The EPS has focused a lot of time and energy on having a plan in place, ranging from the number of retail outlets – Estevan will have one – to the test the EPS will administer to detect impairment by drug.
“We have trained two of our members in drug recognition. They are considered experts in the field, so our members will be able to call upon them if they suspect an impaired driver by drug.”
Other officers will take that training in the future.
The two trained members can be called on at any time if there is suspicion of impairment by drug.
A number of officers are also being trained in standardized field sobriety testing, which is the first phase to determine if someone is potentially impaired by drugs.
The EPS, the Weyburn Police Service and the RCMP have been teaming up on educating school students regarding drugs and impairment by drugs. Officers have taken a federally-developed training module online through the Canadian Police Knowledge Network, which was offered to all police officers in the country. They have also taken a provincial course.
“Certainly we’re well positioned when it comes to the legalization of cannabis,” said Ladouceur.
There have been concerns regarding a surge in the number of motorists apprehended for driving while impaired by drug, while others are concerned youths will be using cannabis in droves.
“Pot isn’t something new. It’s been around for years,” Ladouceur said. “So to sit back and be naïve enough to think that people aren’t already using it, or people aren’t already driving after using it, would be a very naïve approach.”
He predicted there would be a spike in impaired driving by drug cases, because so many resources will be directed that way.
“That doesn’t necessarily mean that more people are doing it. It means we’re doing a better job of detecting it. Will more people do it? We’ll have to wait and see.”
The saliva test is the one the EPS will be using. There have been concerns about how the saliva test can be affected by such factors as weather, but Ladouceur pointed out it’s a tool in determining sobriety.
“In combination with the roadside saliva testing and a drug recognition expert, I think we’ll be well-grounded to say ‘We’re confident that this person is impaired by drugs.’ It’s not just the test you’re relying on. It’s the expertise of the experts.”
It’s often not hard to pick out an impaired driver, Ladouceur said, whether it be from alcohol or marijuana.
He’s also confident charges for impaired driving by drug will hold up in court. People have been unsuccessfully challenged the drug recognition experts at the Supreme Court of Canada level. There have been cases in which people have been successfully prosecuted for impairment by drug.
“I think it’s a learning time for everyone, everyone from police officers to the judiciary, to lawyers, both defence and Crown attorneys,” said Ladouceur.
The EPS is taking a wait-and-see approach when it comes to cannabis consumption by members. It’s an issue that will be discussed with the Estevan Police Association.
“With or without policy, an officer can’t show up for work if they have drugs in their system that may affect their judgement,” said Ladouceur.
The police chief noted different agencies have taken different approaches. The Toronto Police Service has said officers cannot use cannabis within 28 days before working a shift. The Calgary Police Service has taken a zero-tolerance approach.
Other services are following the Canadian Forces lead with “fit for duty” approach.
“I’d personally like to see a little more guidance on what ‘fit for duty’ means, and I think that part of the problem is there’s still a lack of knowledge when it comes to how long can cannabis affect people. It affects people differently.”
The legalization of marijuana will have an impact on the EPS budget, although they don’t know the degree just yet. Ladouceur doesn’t expect it will save time for officers, since he expects to see an increase in the number of people using cannabis in a public place, underage consumption and impaired driving.
Cowan sits on the provincial committee for cannabis legalization, and he noted the province is looking at legislation regarding members’ use of cannabis. A number of meetings have taken place in Regina.
Some of the penalties for marijuana use have some teeth, Cowan said, such as smoking or consuming cannabis on a school property or at a child care facility, or for consumption in public.
Those types of charges will be similar to Alcohol Gaming Regulations Act.
“To legally consume cannabis, you have to be in a private place or in your home,” said Cowan.
There will also be charges for those who are carrying more than 30 grams.
The Saskatchewan RCMP says it has increased capacity in numerous areas, such as prevention and engagement, intelligence and training to ensure officers are prepared.
“Impaired driving continues to be a pressing concern in Saskatchewan and the Saskatchewan RCMP has been working diligently with municipal, provincial, and federal partners to ensure officers are well-equipped to detect drug-impaired driving,” the agency said in a news release.
This year, Saskatchewan RCMP has trained over 100 officers in the administration of the standardized field sobriety tests (SFSTs) and are on track to have over 100 drug recognition evaluators (DREs) by the end of 2019. Officers are also being trained on the oral fluid device (OFD) as part of the limited, strategic roll-out of these devices which are used for roadside drug impairment testing.
This training builds on the foundation officers already have to test for impaired driving.
The Saskatchewan RCMP would like to remind the public that impaired driving of any kind is illegal. Alcohol and cannabis need to be consumed responsibly and the RCMP will continue to enforce illegal consumption and impaired driving.
The RCMP will enforce the new cannabis laws in regards to the possession, cultivation and sale of cannabis products, and wishes to remind the public that they must adhere to the new cannabis legislation and Cannabis Control Act. Luke Reimer, a communications officer for the Canada Border Services Agency, said it will remain illegal to import cannabis into Canada, or export it from Canada, without a valid permit, issued by Health Canada.
“The CBSA’s message to travellers about cannabis is that border rules are not changing,” said Reimer. “It’s simple – don't bring it in, don't take it out.
“The unauthorized movement of cannabis across Canada’s international borders will remain a serious criminal offence, subject to enforcement up to and including criminal investigation and prosecution.”
All travellers entering Canada, including Canadian citizens, will be asked whether they are in possession of cannabis, similar to questions already asked in relation to other controlled or prohibited goods, such as firearms, weapons and food or animal products.
Although the possession of cannabis is legal in some U.S. states, it remains illegal under U.S. federal laws in any form and quantity, making it illegal to bring across the Canada-U.S. border.
Previous use of cannabis, or any substance prohibited by U.S. federal laws, could mean that a person is denied entry to the U.S. Canadians travelling for reasons related to the cannabis industry may be deemed inadmissible.
