March 2018

I’ve frequently argued that there’s no scientific correlation between blood THC concentration and a person’s ability to drive without being impaired. Often, opponents will respond with a bevy of medical articles suggesting the complete opposite, while supporters will do their own research and respond in kind with contradictory literature.

It’s really a question of who is right. Who is believable. Why are studies contradictory? Since well before marijuana was widely legalized in the United States and certainly before Canada announced its intentions to legalize it, scientists the world over have been busy at work. They were trying to determine, what, if any, correlation having marijuana in the system had to traffic incidents, regardless of whether these incidents caused injury or death.

​As a Métis person I struggle with the recent decisions in the killings of Colten Boushie and Tina Fontaine. I struggle because I know the history of this country, and how the murder or killing of young Indigenous people is not new, and is not going away. I know the history of the apathy of police to the investigation of crimes against Indigenous people, and I understand the systemic factors that impact the investigation, prosecution, and treatment of Indigenous people in the justice system, whether as victims or as accused individuals.

​But I struggle harder with all of this because I am also a criminal defence lawyer. And by virtue of that privilege, I have a particular insight into the frailties of the justice system, as well as the importance of concepts like reasonable doubt and the burden of proof on the Crown. I also know that unless you are sitting in the courtroom through every day of a trial, it’s unlikely that you can form a good picture of the case.