Kyla Lee on Roundhouse Radio: Bill C-46 opens the government up for a constitutional challenge

As the government prepares for its cannabis legislation to be passed, Bill C-46 — the government’s new impaired driving bill — will institute a whole new framework for marijuana impaired driving and revamp existing frameworks for alcohol impaired driving by adding random breath tests, salvia tests, and even, blood tests.

Acumen Law Corporation lawyer Kyla Lee talks to Stirling Fox on Roundhouse Radio about Bill C-46 and why the bill opens the government up to constitutional challenge.

“They are changing the law to allow police officers the power to take the blood from an individual, any officer who is qualified technician by the Attorney General,” Lee said.

This blood testing can take place at a hospital, at the roadside, or even at your house if you run away from the scene of an accident. It could be very problematic because of how unsanitary the conditions can be when police take your blood.  Police would have to collect two vials of blood.

“It is a very invasive procedure,” Lee said.

Lee said the manner in which the searches can be conducted can open the government up to a constitutional challenge. The concentrations of THC you could have in your blood can be so low that an accused could have that much THC in their system for weeks after consuming.

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