How do you effectively test if someone is impaired when it comes to marijuana? This is a question that needs to be answered ahead of legalization but with legalization only a few months away. One of the things that is being floated as a potential idea is saliva tests taken from drivers to detect the presence of drugs. Our next guest says that this will not work.
Kyla Lee said: "My biggest concern around saliva testing is that the pilot projects that have been done both by the federal government and the Canadian Society of Forensic Science have not found that these devices should be used to impose significant administrative sanctions.
"The Canadian Society of Forensic Science actually recommended not to use them except to impose very short term consequences because they don't show a level of impairment and because there is a bout a 7% rate of false positives."
She added: "The other problem with it is that if you do have a 7% false positive rate, you are never going to know or be able to show you were one of those false positives because it's just impossible to know why. It's just one thing that happens with the device."
Listen to the full interview with Kyla Lee here.
Kyla Lee - Vancouver Criminal Lawyer
Vancouver Criminal Lawyer Kyla Lee is available to give interviews on all variety of criminal law topics, including drunk driving rulings and Immediate Roadside Prohibition legislation. Kyla Lee has appeared on Global BC, CBC, in the Vancouver Sun, and other media throughout BC. She is a leader in developments in drinking and driving law in British Columbia.