Legal limit for THC is constitutional, judge rules in crash that killed GTA mom and three daughters

A Brampton judge has dismissed an Ontario man’s constitutional challenge over Canada’s legal limits for THC while driving, a ruling that means he is guilty of impaired driving in a 2020 crash that killed a Caledon schoolteacher and her three young daughters.

In a constitutional challenge, his lawyers argued that the legal limit of five nanograms of THC per millilitre of blood is arbitrary, overbroad and does not correlate with impairment. In arguments heard last November, defence lawyer Mayleah Quenneville argued that limit runs the risk of not only catching people engaging in risky behaviour but also those “morally innocent” people who use cannabis for medical reasons, and who use responsibly but still have residual THC in their blood.

Although the THC limit may impact some frequent and chronic users of cannabis, “it does so in a way that does not violate the principles of fundamental justice because on balance, the impact is neither arbitrary, nor overbroad,” she wrote. “The impact is consistent with Parliament’s stated intention when the possession of cannabis was legalized: to strengthen the laws with a view to not onlyindividuals who consume cannabis from getting behind the wheel of a car when they represent a risk to the public.”

good impaired is impaired and it was impaired to kill 4 lock it up for a long long time

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