Richard Marceau moved, — That Bill C-38 be amended by adding after line 21 on page 6 the following new clause:
“9.1 (1) The
Criminal Code
is amended by adding the following after section 253:
253.1
(1)Where a peace officer reasonably suspects that a person who is operating a motor vehicle or vessel or operating or is assisting in the operation of an aircraft or railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, has a drug in the person's body, the peace officer may, by demand made to that person, require the person to submit to standardized field sobriety tests performed by a qualified peace officer.
(2) A peace officer is qualified to perform standardized field sobriety tests if the peace officer has completed a course approved by the Attorney General for the purposes of this section.
(3) If the results of the standardized field sobriety tests indicate, in the opinion of the peace officer, that the person has a drug in the person's body, the peace officer may, by demand made to that person, require the person to submit to a drug evaluation test to be performed by a peace officer who has been designated as a drug recognition expert.
(4) The Attorney General may designate as a drug recognition expert any peace officer who has completed a drug recognition expert program approved by the Attorney General.
(5) A drug evaluation test under subsection (3) consists of a physical examination, including the taking of a sample of saliva, vital checks, and other tests of attention, coordination and concentration as will enable the peace officer to form an opinion as to whether the person has a drug in the person's body.
(6) If the results of the drug evaluation test indicate, in the opinion of the peace officer, that the person has a drug in the person's body, the peace officer may, by demand made to that person forthwith or as soon as practicable, require that person to provide then or as soon thereafter as is practicable such samples of the person's blood, under the conditions referred to in subsection 254(4), as in the opinion of the qualified medical practitioner or qualified technician taking the samples are necessary to enable proper analysis to be made in order to determine the concentration, if any, of drugs in the person's blood, and to accompany the peace officer for the purpose of enabling such samples to be taken.
(7) Every one commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a peace officer under this section.
(8) A person who is convicted of an offence committed under subsection (7) for a failure or refusal to comply with a demand made under subsection (1), (3) or (6) in respect of any transaction may not be convicted of another offence committed under subsection (7) in respect of the same transaction.”
(2) The portion of subsection 255(1) of the Act before paragraph (
a
) is replaced by the following:
“
255.
(1) Every one who commits an offence under section 253, 253.1 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,”
(3) The portion of subsection 255(4) of the Act before paragraph (
a
) is replaced by the following:
“(4) Where a person is convicted of an offence committed under paragraph 253(
a
) or (
b
) or subsection 253.1(5) or 254(5), that person shall, for the purposes of this Act, be deemed to be convicted for a second or subsequent offence, as the case may be, if the person has previously been convicted of”