Ontario judge rejects constitutional challenge of law on cannabis-impaired driving

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Ontario court Judge concluded that while the legal limit may affect 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.”

An Ontario judge overseeing the trial of a driver who struck and killed a woman and her three young daughters in Brampton nearly two years ago has rejected his challenge of the law on cannabis-impaired driving.

They argued the limit of five nanograms of THC per millilitre of blood within two hours of driving is arbitrary and overbroad because it doesn’t correlate to impairment. In a ruling released last week, Caponecchia noted the challenge raises “complicated policy considerations.” As well, the judge said it cannot be assumed that a THC reading of 5ng/ml reflects a “harmless amount of residual THC level,” as opposed to evidence of recent consumption, in every frequent cannabis use.

 

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