咋没有人谈Bill C-46啊.... 貌似CFC小编也没编

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Here’s how new police powers could change when you get a roadside breathalyzer test
By Amanda Connolly National Online Journalist
June 21, 2018 1:42 pm, Global News

The passage of historic legislation to legalize marijuana in Canada has dominated the political and media agenda this week.

At this point, many know the key details: it is not yet legal to light up but will be on October 17, 2018.

But a second piece of legislation related to the legalization of marijuana, C-46, also passed this week and received royal assent earlier Thursday morning.

It had been the subject of strong debate in the House of Commons and Senate over new powers it will give police to stop drivers for mandatory alcohol screening without needing reasonable suspicion of impairment, as well as the creation of three new impaired driving offences.

With summer vacation and road-trip season upon us, what will the new laws mean for Canadian drivers?

Here’s what you need to know.

What does C-46 actually do?

Think of the bill as a companion to the legislation legalizing pot.

The government has billed it as a way to give police greater powers to prevent impaired driving, both when it comes to alcohol and drugs.

The bill is split into two parts.

Part 1 creates three new offences for driving under the influence of various amounts of drugs, including marijuana, and sets out legal limits for how much can be present in a driver’s blood. It also requires individuals not to drive within two hours of being over the legal limits.

Part 1 also allows police to conduct tests to determine if a driver is on drugs using “approved drug screening equipment.”

These come in the form of a saliva test that can be administered by police if they have reasonable grounds to stop a driver they suspect of being impaired.

Part 2 of the law raises the maximum penalty for impaired driving from five to 10 years for a first-time indictment of dangerous operation of a motor vehicle.

It also reclassifies impaired-driving offences as “serious criminality” rather than “ordinary criminality.”

Most controversially, Part 2 also gives police the power to perform mandatory alcohol screening on drivers without needing reasonable grounds to suspect that driver may be impaired.

Why are some people concerned?

Right now, police need what’s known as reasonable suspicion that someone is impaired before they can demand a breath sample.

That reasonable suspicion could be based on factors such as erratic driving, the smell of booze on a driver’s breath, visible alcohol containers in the cabin of the car, or visible signs of impairment such as slurred speech or inability to focus their eyes.

Those are often assessed during the familiar process of roadside checkpoints.

But under C-46, police do not need to have reasonable grounds to suspect impairment.

They will be able to demand a breath sample from any driver at any time, and critics including the Criminal Lawyers’ Association have warned that is unconstitutional and will led to police discriminating against drivers of colour.

“Bill C-46 amounts to carding while in a car,” wrote the group in a submission to the Senate committee that studied the bill.

“It will be inevitably disproportionally [sic] employed against minority or marginalized communities.”

Also, classifying impaired-driving offences as “serious criminality” rather than “ordinary criminality” creates what immigrant-support advocates have characterized as an unequal administration of justice.

What that means is that foreign students, workers, visitors and permanent residents could lose their status in Canada upon a first conviction and face deportation, something the Canadian Bar Association warned could increase litigation as those facing revocation of their status challenge the law.

Canadian citizens, in contrast, could receive just a fine.

What should I expect this summer?

While the legalization of marijuana is delayed until Oct. 17 to give provinces more time to get ready, Part 1 of C-46 will roll out this summer.

It received royal assent on Thursday morning.

That means police will have the power to use new tools to test for drug-impaired driving in time for the busy summer vacation season.

Anyone found to be driving while impaired by drugs or within two hours of being over the legal limit can be charged.

However, Part 2 of the bill will not come into force for another 180 days.

That means drivers will not have to submit to mandatory alcohol screenings until the busy Christmas season.

Failure to comply is still considered a crime.
 
最后编辑:
您经常泡吧么
 
狠!酒驾遣返法案通过 移民撤销身份 留学生遣返
2018-06-22 18:08:18 温哥华港湾

前不久,加拿大总理特鲁多宣布10月17日,大麻禁令取消,全国娱乐用大麻将合法。

  很多人都觉得此事与我无关,其实大家不知道的是,除了C-45的大麻法案之外,另一个和大麻法案捆绑相关的的药驾、酒驾的C-46法案也被批准通过了,这就意味着它正式成为了法律。

20180622_15297071521419.jpg


  C-46法案主要强调两个方面:1、打击毒驾 2、打击酒驾。

  毒驾离普通人可能很远,但是酒驾的案例每天都在发生。聚会、节日喝点小酒,开着车就上路了。

  以后可别这么干了!遣返不是闹着玩的。

20180622_15297071711172.jpg


  就算你是老司机,稳稳地开车,只要被随机拦下,酒精超标你就完蛋了!


  “遣返”法案对华人、移民、留学生有着巨大的影响。

  1、醉驾被定义为“严重犯罪”。永久居民和非公民(留学生、旅游者等等)只要被判“严重犯罪”就会被直接取消身份遣返。

  因此,如果不是加拿大公民(持加拿大护照),留学生、PR即使第一次初犯被定罪不但被责令罚款,还会失去移民身份并被直接递解出境加拿大。因此这项法案又被称为“遣返法案”

  2、法案规定警察可以无理由拦截车辆(without any reasonable suspicion),进行酒精检测。

  值得注意的是,之前的法律规定是警察必须有足够的理由怀疑一位司机,才能截停进行酒精检测。比如发现“蛇形”驾驶、司机注意力涣散、车内有酒瓶等。

20180622_15297072121326.jpg


  C-46生效后,警察可以随意在路上拦截你的车,就是这么任性!

  尤其是移民,一旦因为醉驾被抓,很可能被驱逐出境。

  对于留学生

20180622_15297072479641.jpg


  如果是加拿大公民,因醉酒驾驶首次被定罪,可能只是被罚款

  但是新规对于留学生初犯没有特殊规定,也就是说,第一次就没有改正的机会了1

  被遣返会导致无法完成学业,未来也丧失了留在加拿大的工作和移民机会。

  正在等待移民身份的申请者

  根据目前的移民法规,移民入籍必须在4年内住满3年;保留居民资格,须在5年内住满3年

  一旦醉驾入狱,监禁期间不被计算为在加拿大居住,入籍拘留也会变得相当麻烦

  海外工作者和游客

  根据移民法规,如果外国人有以下两条违法情况就会被裁定不得进入加拿大:

  1. 在加拿大被定罪,该罪行最高可被判监禁10年或以上。

  2. 在加拿大境外被定罪或曾犯罪行,此罪行如发生在加拿大,可按加拿大法律最高被判监禁10年或以上。

20180622_15297073699984.jpg


  据统计,在死于交通事故的司机中,三分之一的人都是醉驾。

  业内人士认为新法案是对移民的歧视,同样是酒驾,加拿大公民就能被保释,这对新移民来说很不公平。

  加拿大律师协会的一些成员提出,将“10年监禁”改成“10年少1天”的处罚。

  原来,10年以下的监禁算“一般刑事犯罪”;而10年以上的监禁算“严重刑事犯罪”。

  一旦被判断“严重刑事犯罪”,就会被直接遣返、自动失去永久居民身份。

  因此将处罚改成“10年少1天”,能够帮助到那些可能会被遣返的永久居民们。

  联邦政府可能很快就要宣布C46法案的改动方案。

20180622_15297075476604.jpg


  C-46法案中关于毒驾的部分将于夏季生效,而关于酒驾的限制规定将于六个月后生效。

  也就是说今年圣诞,开车上路你就要小心了。
 
最后编辑:
抽大麻合法,药驾毒驾酒驾严重违法。 :p:D:evil:
 
最后编辑:
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dui-3.png

Police pull drivers over as part of Ontario's anti-drinking and driving RIDE program.

Brian Platt
June 21, 2018 4:42 PM EDT

OTTAWA — A sweeping overhaul of Canada’s impaired driving laws was given Royal Assent on Thursday, meaning the new rules are starting to come into effect and drivers should be prepared.

Bill C-46 made reforms to both alcohol-impaired driving and drug-impaired driving, and police now have powerful new tools to detect and charge drivers. The bill also made many technical changes to help the courts deal with impaired driving cases more quickly.

There are three big — and controversial — changes Canadians will need to know about.

Random roadside breath testing

Starting in December (180 days after Royal Assent), police can require a roadside breath test for any driver. The crucial change is they will no longer need reasonable suspicion the person has been drinking. Drivers who refuse this test face a criminal charge with similar penalties to an impaired driving conviction.

This provoked heated debate during the Senate’s study of Bill C-46, as lawyers and civil liberties groups argued it violated the Charter’s protection against unreasonable searches. There is also concern it will disproportionately affect minorities due to racial profiling.

The Senate voted to remove the entire provision from the bill, but the Liberal government insisted on restoring it and eventually got its way.

Justice Minister Jody Wilson-Raybould says she’s confident the measure will survive a court challenge, and some constitutional experts have backed her up on this.

The government points to other countries that have random testing, such as Australia and Ireland, and argues those countries have seen a dramatic reduction in impaired driving rates. Critics argue those stats are misleading because they aren’t being compared to a selective testing regime like Canada’s, and point out Canada has also seen sharp declines in impaired driving under the current rules.

Roadside saliva testing

Canadian police officers can now use roadside screening devices that test saliva for the presence of cocaine, methamphetamine and THC, the main psychoactive ingredient in cannabis. Police will not be able to use random testing for these; they will still need reasonable suspicion before demanding the test.

However, it will likely be months until these are seen on Canada’s roads. Even though this section of the bill comes into force immediately, a number of steps must still happen.

First, Wilson-Raybould will need to sign off on which devices are approved for use. Devices are being independently tested by the National Research Council, but it is taking longer than expected. Department officials testified at a Senate committee in May that they have no idea when the testing will be done.

Once the testing is finished, Wilson-Raybould will make a ministerial order to approve them for use, but that needs to go through a 30-day public consultation. Then the devices need to be purchased and frontline officers will need to be trained on them. All this means it could be well into the fall before police are using them.

THC blood levels

Canada will now be setting a “per se” level for THC in the blood within two hours of driving, meaning police can lay an impaired driving charge based solely on the blood test results without needing to further prove impairment.

We have long been doing this for blood alcohol levels, laying criminal charges if a driver’s level is above 80 milligrams of alcohol per 100 millilitres of blood.

But the science linking THC blood levels to impairment is much weaker than the science on blood alcohol levels, and defence lawyers will almost certainly challenge this once it’s in effect. Medical marijuana patients are also likely to be at the forefront of challenges.

The per se levels are set through regulations, not the legislation itself. The government has already proposed its levels, based on nanograms per millilitre of blood:

  • A THC level between 2 and 5 ng would be a lower-level offence with a fine of up to $1000;
  • A THC level above 5 ng would come with the same penalties as an alcohol-impaired driving conviction, including mandatory minimum penalties of a $1000 fine on a first offence, 30 days imprisonment on a second offence and 120 days imprisonment on a third offence;
  • A mixture of a THC level above 2.5 ng and a blood alcohol concentration above 50 mg per 100 mL would have the same penalties as above.
Provinces may add additional penalties on top of this.

Consuming even small amounts of cannabis shortly before driving could put someone over these limits. The government has said that until the science improves, it is taking a “zero-tolerance” approach.
 
我不泡吧。你泡啊!

年轻人当心哦。:tx:
中国人不抽大麻不泡吧 您让他们评论什么呢
 
我看您推荐两个大麻股票可能比c 46火
 
酒后驾驶还真是一代移民多

一代移民入了籍的话酒后驾驶不会被遣返。
 
一代移民入了籍的话酒后驾驶不会被遣返。

一代移民会为了省钱酒驾。这里长大的一般就打的, 或者他们有关系找免费来送他们回家的大妈, 我最近才知道有这种大妈
 
一代移民会为了省钱酒驾。这里长大的一般就打的, 或者他们有关系找免费来送他们回家的大妈, 我最近才知道有这种大妈

一代国移会为了省钱不泡酒吧下饭馆也不喝酒,想喝酒在家喝。

So, 违法酒驾的人大多不会是一代国移。 :D
 
一代国移会为了省钱不泡酒吧下饭馆也不喝酒,想喝酒在家喝。

So, 违法酒驾的人大多不会是一代国移。 :D

所以我说一代移民。:D
 
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