The Liberal government has tweaked its proposed drug-and-alcohol-impaired driving legislation, but the changes to Bill C-46 are minor and do not assuage the constitutional concerns raised by major legal organizations.

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The amendments fail to address the bill’s constitutional flaws, said Michael Spratt of Ottawa’s Abergel Goldstein and Partners LLP. Spratt’s arguments, on behalf of the Criminal Lawyers’ Association (CLA), pointing to the potential for absurd results to flow from the proposed provision allowing for the backward extrapolation of BAC when testing is done more than two hours post-driving did persuade the Liberals to modify the provision.

“There were those minor amendments, but there were no amendments to any of the other sections that the Civil Liberties Association, the Criminal Lawyers’ Association, the Canadian Bar Association and other witnesses pointed out were … problematic,” Spratt noted.

Read the full article: Lawyers’ Daily

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