2024 Annual National Data Report to Inform Trends and Patterns in Drug-Impaired Driving

Tables and figures

Executive Summary

In the context of cannabis legalization, the Government of Canada created new offences and provided additional authorities to law enforcement to detect and deter Drug-Impaired Driving (DID). Furthermore, to support the implementation of this new legislative framework, the Government invested $161 million for five years initially to enhance training of frontline law enforcement officers about how to recognize the signs and symptoms of DID, build law enforcement capacity across the country, provide access to approved drug screening equipment (ADSE), develop policy, bolster research, and raise public awareness about the dangers of DID. An important part of this initiative is to inform Canadians about activities undertaken to address DID and their results, which is the purpose of this annual report.

This is the fifth annual report about trends and patterns in DID. It mainly presents data from the 2023 calendar year. It is produced in cooperation with the provinces and territories, the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), and other partner agencies and stakeholders.

Whenever possible, it updates data from last year's report. Nevertheless, the report's findings show that the federal initiative has continued to enhance law enforcement capacity to detect and deter DID. It has also continued to change Canadians' attitudes towards driving after cannabis use. Furthermore, data from police and border-reported incidents as well as toxicological analyses among injured and fatally injured drivers indicates that the number of incidents involving drivers with drugs in their system, including cannabis, has been constantly increasing since 2008 as a proportion of all impaired driving incidents.

Work to improve the completeness and comparability of data has continued during the period covered by the report. As a result, more data is now collected about the use and results of standardized field sobriety testing and ADSE, more complete data on injured drivers is available, and data from coroners and medical examiners on fatally injured drivers continues to improve.

Introduction

In spite of significant declines during the past 30 years, impaired driving, whether by alcohol or drugs, continues to kill or injure more Canadians than any other crime (Moreau, 2021). It also remains the single most important factor contributing to serious road crashes (Canadian Centre on Substance Use and Addiction [CCSA], 2019). Not surprisingly, with the legalization of cannabis, Canadians expressed concerns over road safety: well over 80% of Canadians believed that DID would likely increase as a result of cannabis legalization^{Footnote 1}.

Canadians continue to be concerned about road safety as a result of cannabis legalization. Public Safety Canada (PS) has commissioned public opinion research on Canadians' attitudes, perceptions and behavior relating to cannabis and driving at various points in time since 2017. The last survey, conducted in 2022,^{Footnote 2} shows that more than half (56%; an increase from 49% in 2020) of Canadians perceive the rate of driving while under the influence of cannabis has increased since legalization, and most are concerned (41%) or moderately concerned (31%) about others on the road who are driving under the influence of cannabis. However, alcohol remains a greater concern, with 95% agreeing that drinking alcohol impairs driving. Nearly nine in ten (86%; consistent with 2020 and an increase from 81% in 2017) agree that using cannabis also impairs one's driving ability. Four in five (80%) say that cannabis impacts reaction time and ability to concentrate and nearly two in three (67%) say that cannabis makes the user a worse driver. Nearly one in four (24%) continue to say that driving under the influence of cannabis is less dangerous than driving under the influence of alcohol.

In a survey conducted in March-April 2022 with a sample of 1,567 Albertans, including 637 who had used cannabis in the past 12 months, 52% of respondents said they were concerned about DID, with older persons (55+) being significantly more concerned (68%) than younger ones (18-34; 36%)^{Footnote 3}. Furthermore, only 28% of past 12-month cannabis users indicated being concerned about DID. Some 83% consider that cannabis impairs driving abilities (90% among non-users, 75% among users).

In September 2017, in response to Canadians' concerns over impaired driving, the federal government announced $161 million in funding for training frontline officers in how to recognize the signs and symptoms of DID, build law enforcement capacity across the country, provide access to ADSE, develop policy, bolster research, and raise public awareness about the dangers of DID.

Furthermore, Criminal Code provisions were enacted in 2018 to criminalize driving with prohibited levels of certain drugs, strengthen penalties and provide additional tools and means to law enforcement to detect and deter impaired driving, including DID.

Part of this initiative included a commitment to report to Canadians about trends in DID, activities undertaken to address the issue, and their results.

As such, this report focuses on three broad questions:

• What can we say about trends and patterns in DID?
• What is being done to address DID?
• What are the results of these actions?

This report is the result of a collective effort undertaken in 2018 by the Federal/Provincial and Territorial (FPT) working group (WG) on DID. Comprised of representatives from all jurisdictions, as well as key stakeholders from the Department of Justice Canada (JUS), the RCMP, the CBSA and Transport Canada (TC), the WG set out to work on identifying a series of indicators to help address these questions. The WG also engaged with Statistics Canada (STC) and with key expert organizations such as the CCSA as well as selected academics, to assess the relevance, reliability, availability and accessibility of data for these various indicators. In conducting this analysis, the WG benefitted from a comprehensive exercise undertaken by the CCSA to identify a set of national indicators on DID. The WG agreed on a preliminary set of indicators in spring 2019, which was further refined in September 2019. Subsequently, jurisdictions were asked to collect, collate, and report data on as many of these indicators as possible. The first annual trends and patterns report was published in 2020 and mainly covered the 2019 calendar year.

This report mainly presents data provided by provinces and territories, the RCMP and the CBSA for calendar year 2023. Data from reports and research studies from other sources (e.g., STC; CCSA) is also used.

The first section presents the key aspects of the legislative regime on DID adopted in 2018 and the accompanying federal initiative. The following sections present available data on trends and patterns in DID, actions undertaken to prevent, detect and deter DID, and results achieved. The conclusion summarizes the key findings and discusses next steps.

The legislative and programmatic context

Driving while impaired by a drug has been a criminal offence since 1925, but this offence has been challenging to prove in court.

Detecting and proving impairment caused by drugs is different and more complex than detecting and proving impairment caused by alcohol. Alcohol is a simple molecule with predictable impairing effects. As alcohol is consumed, blood alcohol concentration (BAC) rises; the higher the BAC, the more profound the impairment and the greater the risk of a serious road crash. The same correlation does not always exist for other drugs since their impairing effects and impacts on driving behaviour may vary depending on the substance, method of ingestion, and characteristics of the person and their consumption habits. In the case of cannabis, it is generally agreed that it can impair a person's ability to drive. However, there is no scientific consensus about the relationship between the concentration of Tetrahydrocannabinol (THC), its main psychoactive substance, in blood and the degree of impairment^{Footnote 4}.

In 2008, new tools were authorized to facilitate the investigation of DID. These include the Standardized Field Sobriety Tests (SFST) used at the roadside (a three-pronged test consisting of walk and turn, one leg stand, and horizontal gaze nystagmus) and the Drug Recognition Evaluation conducted at the police station by a certified drug recognition expert (DRE). The Drug Recognition Evaluation is a 12–step evaluation that is designed to determine if the individual is impaired by a drug. To use either of these tools, the officer has to be specifically trained in accordance with standards developed by the International Association of Chiefs of Police (IACP).

In the context of cannabis legalization, it was determined that more needed to be done to strengthen the criminal law regime with respect to DID. This was done as part of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, which came into force in June 2018 and enacted new offences, and authorized new tools to enhance the detection and prosecution of drug-impaired drivers.

Specifically, the new measures:

• authorize the police to use "approved drug screening equipment" (e.g., oral fluid drug screeners) at the roadside
• enact three new offences of having a prohibited blood drug concentration (BDC) within two hours of driving
• facilitate the ability of a police officer to demand a blood sample from a driver; and
• permit a DRE to testify without requiring them to be qualified as an expert in every case, consistent with the 2017 Supreme Court of Canada decision in R v Bingley

With the addition of the new offences, the text of the Criminal Code impaired driving offences currently reads as follows:

• 320.14 (1) Everyone commits an offence who
  • operates a conveyance while the person's ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug
  • subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood
  • subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
  • subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined
• 320.14 (4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)(c).

The prohibited BDC levels are not found in the Criminal Code, but instead, are set by regulation. For paragraph 320.14(c), the prohibited BDC levels are 5 ng or more of THC per ml of blood, 5 mg of Gamma Hydroxybutyrate (GHB) per L of blood, and any detectable level of lysergic acid diethylamide (LSD), 6-Monoacetylmorphine (a metabolite of heroin), Ketamine, Phencyclidine (PCP), Cocaine, Psilocybin, Psilocin and Methamphetamine in blood. For paragraph 320.14(d), the prohibited levels are a blood alcohol concentration of 50 mg of alcohol per 100 ml of blood in combination with 2.5 ng of THC per mL of blood. Finally, for subsection 320.14(4), the prohibited BDC level is between 2 ng and 5 ng THC per ml of blood.

As noted, the Act authorized the use of ADSE at the roadside.

ADSE can be used by police and peace officers to detect the presence of some drugs in oral fluid, including THC. The police and peace officers can demand an oral fluid sample, if they have reasonable grounds to suspect a drug is in a driver's body. Reasonable suspicion that the driver has drugs in their body can be developed based on evidence of recent consumption of drugs and other objective facts, such as: red eyes, muscle tremors, agitation, or abnormal speech patterns.

A positive ADSE result confirms the presence of the drug and, combined with other signs of impairment or drug use observed by the police at the roadside, may provide grounds for the investigation to proceed further by making a demand for a blood sample or a drug recognition evaluation^{Footnote 5}. Similar screeners are used in other countries including the United Kingdom and Australia.

Currently, there are two approved devices available for use by law enforcement in Canada: the Dräger DrugTest^® 5000 (which includes the Dräger DrugTest^® 5000 STK-CA), and SoToxa™ (which is an Abbott SoToxa™ Test Cartridge and an Abbott SoToxa™ Oral Fluid Collection Device). Based on recommendations by the Drugs and Driving Committee of the Canadian Society of Forensic Science, the Attorney General of Canada approved in 2018 these two devices for use by law enforcement. One is testing for cannabis only, the other for cannabis and cocaine.

In 2023, the Supreme Court of Canada decision in R. v. Breault (2023, SCC 9) ruled that the validity of a demand to provide forthwith a breath sample requires that police have immediate access to an Approved Screening Device (ASD) at the time the demand is made. This decision applies not only to ASD in the case of alcohol, but also to the ADSE and to SFST. In other words, when a driver is stopped on suspicion of driving impaired by drugs, the roadside detection tools need to be made immediately available.

The federal initiative

Funding announced by the Government of Canada was designed to support the implementation of the new legislative regime on DID, build law enforcement capacity across Canada to recognize the signs and symptoms of DID, provide access to ADSE, develop policy, bolster research, and raise public awareness about the dangers of DID.

Of this funding, $81 million was set aside specifically for Provinces and Territories (PTs) to ensure that they would provide police officers with the necessary training and tools. In particular, this funding was designed to increase training for SFST and DRE; support the acquisition of ADSE; and collect standardized pan-Canadian data on DID trends and patterns. In addition, $12 million was allocated to the CBSA to provide Border Services Officers (BSOs) with the training and tools to interdict impaired driving at land borders.

At the time when the federal initiative was launched, there were approximately 13,000 SFST trained law enforcement officers and close to 600 DREs across the country. Prior to this initiative, the CBSA did not train BSOs on detecting drug-impaired driving; officers were only trained in detecting alcohol-impaired driving. The CBSA committed to training 1,425 BSOs in the administration of SFST. The overall objective of the initiative is that 33% of front-line law enforcement officers and 30% of BSOs working at the land border will have been trained in SFST, and there will be 1,250 active DREs by the end of the initiative which sunset in March 2025. Current statistics indicate that there are now over 30,000 SFST trained officers^{Footnote 6} and close to 1,200 active DREs. PS continues to work with PTs to meet their training and capacity needs; close to $12 million in funding was available in Fiscal Year 2023–2024.

A significant part of this initiative, in the context of cannabis legalization, is to monitor trends and patterns in DID. As such, PS is expected to:

• produce annual reports on the scope and trends in DID, law enforcement capacity and action, impacts on public safety, successes and challenges, and impacts of cannabis legalization on road safety
• conduct research, including on the impairing effects of smoked and edible cannabis
• lead a horizontal evaluation of the initiative; and
• contribute data on DID for the mandatory three-year review of the new impaired driving legislation led by JUS

As noted earlier, a FPT DID working group (DID WG) comprised of data analysts recruited by PTs with contribution program funding, PS representatives, and key stakeholders (e.g., RCMP, CBSA, JUS) has been created. The WG continues to share information about current data collection practices, gaps and challenges, and next steps to improve data coverage and completeness. Recognizing the need to address outstanding data gaps on DID, PS enhanced the scope of the initiative in 2020 to allow provinces and territories to include data collection and research as reimbursable activities in the funding agreements.

Provincial and territorial initiatives

In response to cannabis legalization, all provinces and territories modified their existing legislation, including on DID. Most jurisdictions have adopted a form of zero tolerance policy for certain categories of drivers, such as novice, and commercial motor vehicle drivers. Sanctions are generally graduated and can include administrative licence suspensions (e.g., immediate, 30, 45, or 60 days), fines or licence reinstatement fees, ignition interlock requirements, and vehicle impoundment. The CCSA has prepared an overview of administrative sanctions in provinces and territories (PDF) which can be consulted online.

How cannabis affects driving abilities

There is a consensus that cannabis affects driving performance^{Footnote 7}. However, it is not clear how these effects may be related to various factors, such as dosage. Furthermore, there remains knowledge gaps regarding the relationship between THC concentration in blood and degree of impairment. This is partly why PS supported a clinical trial conducted by the Centre for Addiction and Mental Health (CAMH) to evaluate the impact of different doses of smoked cannabis on driving performance using a driving simulator. A total of 36 healthy adults who use cannabis 1-5 days per week were recruited and agreed to abstain from alcohol and other drugs not prescribed for medical purposes during the study.

Participants were given a single cannabis cigarette for all four drug conditions: the high dose contained approximately 165 mg THC, the medium dose contained approximately 94 mg THC, the low dose contained approximately 47 mg THC, and the placebo dose 0 mg THC. The cannabis was obtained from a licensed producer, while the placebo cannabis was provided by the National Institute on Drug Abuse. Four drug administration sessions were conducted, with a minimum of 7 days between each session. Before administering the drugs, baseline measures such as urine, blood, saliva, and oral fluid samples were collected for testing, and vital signs were measured. Participants completed cognitive testing, subjective effect questionnaires, and driving simulations as practice. Cannabis (or the placebo) was administered and measurements were taken at multiple intervals, including cardiovascular measures, subjective effects, blood draws, and oral fluid samples. Driving was tested at baseline, 30 minutes and 1.5 hours after cannabis exposure, while cognitive testing occurred 1 hour after exposure.

Drivers were observed under full attention and divided attention (multi-tasking) conditions. While the average speeds were unaffected by either condition, effects on maximum speed, and standard deviation of lateral position (SDLP, or "weaving"), and reaction time (RT) were observed as follows:

• Under full attention, the high and medium dose cannabis groups drove faster than the placebo group
• Under divided attention, people drove faster at 90 minutes compared with at 30 minutes (regardless of cannabis dose)
• Under full attention, people were more likely to weave (regardless of cannabis dose). There was evidence that a higher dose led to increased weaving, but the difference was not statistically significant
• Under divided attention, people were more likely to weave (regardless of cannabis dose). There was no evidence that a higher dose led to increased weaving compared to a lower dose
• Under both divided and full attention, people were slower to react at both high and medium doses, regardless of time

These results suggest that different doses of cannabis impact driving performance measures under both full and divided attention conditions in most cases, particularly on measures of maximum speed, SDLP, and RT. Importantly, while higher doses increase weaving and slow reaction time, there was no main effect on speed. Some analysis shows an impact on maximum speed, but the significance of this effect is unclear. The task of driving relies on multiple cognitive processes, and the impact of cannabis on driving is similarly complex and multi‐faceted. More research is needed to validate these findings and to explore other factors that may affect the relationship between cannabis and driving.

Participants' driving ability did not change much between 30 and 90 minutes after smoking. However, participants' perception of the effects of cannabis changed over time. They felt less high and less of a rush by 90 minutes after smoking. This is important because people may feel like the effects of cannabis are wearing off, but they may still be impaired and not safe to drive.

Blood cannabinoid data showed that the amount of THC in the blood was highest 5 minutes after smoking, and then decreased over time. Higher doses of cannabis led to higher levels of THC in the blood, and more tests are needed to ensure this is a real effect. There is a significant link between the amount of cannabis in participants' blood and their ability to drive. As THC levels increase, driving ability decreases. Finally, the preliminary findings show that THC levels in oral fluid are dependent on the dose of cannabis consumed. The highest THC levels were found at the 30 minute collection time point and significantly decreased by the 90 minute collection time point. However, THC was still detectable in oral fluid 360 minutes after consumption. The peak THC levels were higher with higher cannabis doses, indicating a dose‐dependent relationship.

Overall, the effects were similar between 30 and 90 minutes after smoking and were potentially dose‐related. Subjective effects were also significant, but there were no significant dose‐dependent effects at 30 and 90 minutes. These findings add to the literature on the dangers of driving under the influence of cannabis. Future directions for this research include replicating the results with a larger sample size, utilizing a paced smoking procedure for standardized THC dosing, using more complex driving scenarios, studying various routes of cannabis administration, replicating the study with a wider population of cannabis users, and extending the results to a larger age range.

Trends and patterns in drug-impaired driving

There are various ways of measuring DID occurrences and incidents: population surveys asking a sample of Canadians to report on their driving behaviour after drug use; roadside surveys collecting oral fluid samples from a sample of voluntary drivers generally at night time and during summer months; police and BSO reported incidents; and toxicological analyses of injured drivers in hospitals and trauma centres, and of fatally injured drivers by coroners and medical examiners.

No single source is sufficient on its own and each has its limitations. Self-reported behaviour is hampered by inaccuracy and/or unwillingness to disclose behaviour. Roadside surveys' limitations include: the drug detection method (oral fluid) only indicates presence or absence of drugs; they are conducted in a small number of locations and at very specific and limited points in time; and they only involve drivers who agree to participate. Police and BSO reported incidents include only incidents detected by or which come to the attention of law enforcement and may significantly under-estimate the true prevalence of impaired driving. Toxicological data on injured drivers is limited only to those drivers whose condition requires a visit to the hospital and the recency of blood sample collection. Coroners' toxicological data is limited by factors such as the level of toxicological analyses conducted (e.g., in some cases once alcohol is detected at an impairing level, they will not proceed with drug analysis), variable methodology between jurisdictions, and issues related to the unique characteristics of THC in blood in the case of cannabis.

The following sections present available data from each of these various sources.

Self-reported behaviour

Conducted by Health Canada, the Canadian Cannabis Survey (CCS) measures a variety of indicators related to cannabis, including self-reported driving behaviour following cannabis use among a sample of Canadians. The 2023 figures show that 19.6% of past 12- month users with a valid driver's licence reported driving a vehicle within two hours of cannabis use, a reduction from 26.4% in 2019. Results by jurisdiction are as follows: ^{Footnote 8}

In 2021, PS commissioned Ekos Research Associates to conduct a public opinion research (POR) on DID. This POR, based on a sample of 2,193 respondents, found similar results to the 2017 and 2020 studies, with just over one-quarter (26%) of cannabis users reporting having operated a vehicle while under the influence in the past 12 months, which is somewhat higher than CCS results. Additionally, nearly one in three Canadians also reported that they have ridden in a vehicle operated by a driver who was under the influence of cannabis.

Starting in 2020, the CCS added a question on driving behaviour after using ingested cannabis products. This is an important addition since the effects of edible cannabis products on driving behaviour are not as well known yet likely different from those of smoked or vaped cannabis, given their different metabolism. The table below shows that the proportion of respondents who reported driving within four hours of ingesting cannabis has remained stable since 2020, around 13.5%.

In 2023, Ontario, Quebec and New Brunswick conducted their own population-based surveys.

The Ontario Student Drug Use and Health Survey (OSDUHS), last conducted in 2023, reports on alcohol, tobacco, and drug use trends for Ontario adolescents; this includes data on adolescent DID. The OSDUHS found that 6.1% of adolescent drivers (with a G-class licence) in grades 10-12 reported driving within one hour of consuming cannabis in the past 12 months, with males and females both equally likely (males 6.3%, females 5.9%). Driving after cannabis use remained stable between 2017 and 2023 but there had been a significant decline since 2001 (the first year of monitoring) when the estimate was about 20%. In 2023, more drivers in grades 10-12 reported driving after cannabis use (6.1%) than driving after drinking alcohol (5.9%).

The Quebec Cannabis Survey has been conducted annually since 2018 except in 2020. The 2023 survey was based on a sample of 24,628 respondents aged 15 and over. The 2023 results show that 17.4% have used cannabis in the past 12 months, down from 19.4% in 2021 and 2022, but higher than in 2018 (15%). Of note, the proportion of those aged 15-17 who used cannabis in the past 12 months has decreased since 2018, but increased among those age 25 or older. Almost 42% of past 12 month cannabis users consumed less than once a month, 18% occasionally, 22% regularly, and 17.5% daily. Close to 90% of past 12 month users had not driven a vehicle under the influence of cannabis, but 6.2% had done so less than once a month, 1.7% each month, 0.8% each week and 1% almost every day. Women are less likely to report driving after cannabis use than men (10.8% vs. 8.2%). Finally, it is important to note that frequency of use is related to the frequency of driving under the influence: while 98% of those using less than once a month had never driven under the influence of cannabis, the proportions were 94% among occasional users, 83% among regular users and 77% among daily users.

The 2022-2023 New Brunswick Student Wellness Survey involved 13,000 grade 4 and 5 and 45,000 grades 6-12 students. Some of the survey's key findings include: 17.9% of students reported having used cannabis in the past 12 months (15.9% in 2021-2022); age of onset was 14.5 (14.8 in 2021-2022); the proportion of daily users was 3.8% (up from 3.5% in 2021-2022); and finally 17.3% of respondents indicated that they were passengers in a vehicle driven by someone under the influence of alcohol or drugs in the past 12 months, unchanged from 2021-2022.

Roadside surveys

Five jurisdictions conducted surveys prior to cannabis legalization, providing a baseline against which to measure post-legalization change: Manitoba (2016), Ontario (2017), British Columbia (2018), Yukon (2018), and Northwest Territories (2018). The Canadian Council of Motor Transport Administrators (CCMTA) has produced a compilation of jurisdictional roadside surveys conducted prior to cannabis legalization (PDF).

Of the total 7,265 drivers randomly selected, 80.7% agreed to participate, 97.7% provided a breath sample to detect alcohol and 90.2% provided an oral fluid sample to detect the presence of drugs.

Key findings include:

• 10.2% of drivers tested positive for drugs (compared to 4.4% for alcohol ^{Footnote 9})
• 7.6% of drivers were positive for cannabis (THC)
• 12.9% of drivers were positive for alcohol, drugs, or both
• Drug use was most prevalent among drivers aged 20 to 24 (14.0%) and decreased with increasing age
• Only 2.1% of drivers aged 16 to 19 tested positive for alcohol; however, 10.4% of this age group tested positive for cannabis
• Alcohol use was most common on Friday and Saturday nights (4.6% and 6.2%, respectively); and
• Cannabis use did not differ across survey nights, varying between 6.9% and 9.0%

Compared to previous surveys, there has been a significant reduction in the prevalence of alcohol use among drivers, but a significant increase in the prevalence of drug use, cannabis in particular. Similar to other types of prevalence data, roadside surveys show that male drivers are more likely than female drivers (12% versus 7.4% respectively) to test positive for drugs.

In July 2023, the Northwest Territories conducted a roadside survey that concluded 16.1% of nighttime drivers tested positive for drugs, alcohol, or both. While there were no other jurisdictional roadside surveys conducted in 2023, key results from 2022 roadside surveys can be found in the 2023 Annual National Data Report.

Law enforcement-reported incidents

Law enforcement officers typically come in contact with impaired drivers through a traffic stop. Officers can also encounter impaired drivers when attending traffic collisions, conducting roadside checks randomly at various times during the year (e.g., Christmas and New Year), or other means. CBSA officers may come into contact with impaired driving through border processing and demand a preliminary breath sample or conduct a SFST. Law enforcement may do a number of things depending on the circumstances: demand a preliminary breath sample, conduct a SFST, or collect a sample of oral fluid using ADSE. If the officer has reasonable grounds to believe that the operator of the vehicle has committed an offence, the person can be required to provide a blood sample or submit to a DRE, or impose an administrative penalty (e.g. fine or licence suspension) under the relevant provincial/territorial legislation.

Various data may be collected at each of these stages, but whether and how it is collected varies significantly both between jurisdictions and type of tool used. Data on police-reported incidents is collected systematically and reported annually through Statistics Canada's Uniform Crime Reporting (UCR) Survey. Similarly, data is systematically collected when a DRE is conducted or blood analysis are requested. However, data is not systematically collected when a preliminary breath test or SFST is conducted or when ADSE is used. Data on CBSA enforcement actions at the border is maintained in Agency systems.

In addition to being limited to incidents that come to their attention, police data on DID incidents may under-represent their occurrence for a variety of reasons. Whenever the presence of alcohol is established, officers will typically pursue the alcohol-related charge and will not further investigate for the presence of drugs^{Footnote 10}. Other factors may explain under-detection and under-reporting such as the number or availability of detection capacity, or the fact that information may be lost since it is mostly manually entered.

UCR data indicates that the proportion of DID incidents reported by police has significantly increased relative to alcohol-impaired driving incidents over time. This is likely due to a combination of factors including changes in the legislation that facilitated investigation and charging of DID incidents, a significant increase in law enforcement awareness raising and training on how to detect and investigate DID, while at the same time several jurisdictions have been strengthening their administrative sanctions regime (e.g., BC's immediate roadside prohibition policy) and using it more frequently than the Criminal Code route.

CBSA enforcement data indicates that in 2023, BSOs made 242 arrests of impaired drivers at land border ports of entry across Canada. The vast majority of these arrests (228 or 93%) were based on the results of the SFST. In total, BSOs administered the SFST 359 times at the land border of which 228 (64%) resulted in an arrest. By comparison, in 2022, the Agency made 118 arrests for DID; 83% of which were based on the results of SFST.

Police data for 2023 indicated that in all of Canada, 71,602 impaired driving incidents were reported, an increase of over 800 incidents from 2022 (Statistics Canada, 2023). Consistent with findings in previous years, the highest rates (i.e., number per 100,000 population) were reported in the Territories, and the lowest in Ontario and Quebec. While the overall volume of impaired driving incidents returned to approximately 2021 levels, the rate of DID incidents reported by police as a proportion of all impaired driving incidents has remained steady over the past two years (8.4%). In 2023, there were 6,092 DID police-reported incidents, a slight increase from 5,935 in 2022 and a decrease from 7,498 in 2021. Provincially, only five jurisdictions saw a decrease in DID incidents in 2023: British Columbia (-116), Ontario (-44), the Yukon (-14), Saskatchewan (-10), and Nunavut (-4). The largest increase in DID incidents occurred in Alberta (+139), Quebec (+54), and Nova Scotia (+47).

The graph illustrates that the total number of drug-impaired driving incidents reported by police has increased since 2009 compared to alcohol-impaired driving incidents, which decreased during the same period.

Alcohol-impaired driving incidents represented 75% of all impaired driving incidents in 2023; the rate of incidents per 100,000 population declined slightly from 2022 to 2023 (136 to 133). DID represented 8.5% of all impaired driving incidents (relatively unchanged from 8.3% the previous year), a rate of 15 per 100,000 population; those involving a combination of alcohol and drugs represented 6.3% of all incidents, a rate of 11.2 per 100,000. (Statistics Canada, 2024).

The table below shows that the total number of incidents has increased by over 52% between 2015 and 2023. While the number of incidents involving young people (24 or younger) has decreased over the period, it has increased for the rest of the population, with the largest increase among those over 35 years old, nearly a 90% increase.

The proportion of alcohol-impaired driving incidents cleared by charge has declined from 56.4% in 2019 to 53.5% in 2023; in the case of DID it has increased from 47.5% in 2019 to 53.6% in 2023.

As was noted by Perreault^{Footnote 14}:

The decrease in the proportion of incidents either cleared by charge or without charge is mainly because of an increase in the proportion of incidents not cleared, which rose from 22% in 2018 to 33% of all police-reported incidents of impaired driving in 2019. Of these uncleared incidents, the vast majority (97%) could not be cleared because of insufficient evidence. Incidents that were still under investigation when the data were submitted to Statistics Canada represented 2% of impaired driving incidents that were not cleared. Changes to the definitions of founded and unfounded criminal incidents may have led to an increase in the number of uncleared incidents, which could, in large part, account for the decrease in the relative proportion of cleared incidents.

Perreault had also observed that alcohol-impaired driving incidents take less time to be cleared by charge than DID incidents: while more than 76% of analyzed alcohol-impaired driving incidents were cleared by charge within a day or less, the proportion for DID cases was 59%. Furthermore, 37% of DID incidents took 31 days or more to clear by charge, compared to 17% of alcohol-impaired driving cases.

Toxicological data from injured drivers

One of the most reliable methods to measure the prevalence and level of various substances in traffic incidents is to analyze blood samples among injured drivers presenting in hospitals and trauma centres. A team of researchers from the University of British Columbia under the direction of Professor J.R. Brubacher is currently conducting an innovative study in Canada.

This prospective observational study currently obtains data from injured drivers treated in the emergency departments (EDs) in fifteen Canadian cities (Calgary, Edmonton, Halifax, Kelowna, Montreal, New Westminster, Ottawa, Quebec City, Regina, Saskatoon, Saint John, St. John's, Toronto, Vancouver, and Victoria). Three hospitals, one in Prince George BC, one in Sudbury ON and one additional site in Montreal QC will contribute to future reports (starting in 2024) resulting in a total of 18 trauma centers in 17 cities across Canada. The study is currently enrolling approximately 2,500 injured drivers per year. This number will allow the investigators to report the prevalence of DID according to substance (cannabis, impairing medications, etc.) disaggregated by injury severity, region, sex, and age group. Continuous data collection will identify changes in the prevalence of DID over time. Eligibility criteria include moderately or severely injured drivers of motorized vehicles (e.g. cars, motorcycles, trucks) who visit the ED of a participating hospital and have blood samples obtained within six hours of the crash. Blood samples are for clinical decision making and are not obtained for the purpose of toxicology testing. Cases where no excess blood remains after clinical use and cases that expire in the ED are excluded. Data from off-road vehicle drivers (collected since 2021) is reported separately. Injury severity is defined pragmatically as the need to obtain blood for clinical purposes (moderate injury) or need for overnight hospital admission (severe injury). The methodology overcomes many limitations of previous research. It measures drugs in blood, which for most drugs, correlates better with impairment than drug levels measured in saliva or urine. Rather than merely detecting presence or absence of drugs, the methods quantify alcohol, THC, COOH-THC and 83 other impairing drugs and medications. Additional "newly emerging" substances can be added to the toxicology panel in response to new information. This is a marked improvement over most roadside surveys because more substances can be detected and drug levels in blood are reported, which allow to comment on probable impairment. Additionally, blood is obtained shortly after the crash, in most cases within 1.5 hours, so the toxicology results closely approximate drug levels at the time of the crash, simplifying the interpretation of toxicology findings. The decision to obtain blood in this study is not based on suspicion of drug use. Blood obtained for the study is collected when clinically indicated for managing the patient's injuries, based on a crash mechanism and/or physical examination. Clinicians do not receive drug testing results from this study. This process eliminates the selection bias that would occur if drug testing were based on suspicion of drug use. Also, as this study has ethics approval for waiver of consent, it avoids the bias that would arise if drivers who used drugs were less likely to consent for testing, as might be the case in roadside surveys.

In the special article, Cannabis Legalization and Detection of Tetrahydrocannabinol in Injured Drivers, published in early 2022, Brubacher and team report on results from a sample of 4,339 injured drivers from British Columbia, — 3,550 before legalization (January 2013 to September 2018) and 789 after legalization (November 2018 to March 2020) — thus offering a unique opportunity to examine the potential impacts of cannabis legalization on the prevalence of cannabis use among injured drivers.

The study found that, after cannabis legalization, the prevalence of moderately injured drivers with a THC level of at least 2 ng per milliliter had more than doubled. The increase was largest among older drivers and male drivers. More specifically, before legalization, a THC level greater than 0 was detected in 9.2% of drivers, a THC level of at least 2 ng per milliliter in 3.8%, and a THC level of at least 5 ng per milliliter in 1.1%. The values after legalization were 17.9%, 8.6%, and 3.5%, respectively. After legalization, the adjusted prevalence ratio of drivers with a THC level greater than 0 was 1.33; 2.29 for those presenting a THC level of at least 2 ng per milliliter, and 2.05 for those with a THC level of at least 5 ng per milliliter. The largest increases in a THC level of at least 2 ng per milliliter were among drivers 50 years of age or older (adjusted prevalence ratio, 5.18) and among male drivers (adjusted prevalence ratio, 2.44). Notably, there were no significant changes in the prevalence of drivers testing positive for alcohol.

The National Drug Driving Study Annual Report prepared by the UBC Road Safety and Public Health research team published in April 2024 shows results from blood samples from 10,322 injured drivers treated in 17 trauma centres across Canada from January 2018 to June 2023. Over half of the drivers (53.6%) tested positive for at least one impairing substance, and the most common single substance detected was cannabis with approximately one in six drivers (16.6%) testing positive for THC. While most of the THC positive drivers had relatively low levels which do not necessarily reflect recent use of cannabis, 7% of drivers had THC levels greater than or equal to 2 ng per milliliter, and 3.2% of drivers had levels greater than or equal to 5 ng per milliliter indicating recent use and often associated with impairment. Another striking feature of this study was the prevalence of polysubstance use, with opiates detected in 10.4% of drivers, recreational drugs (cocaine amphetamines) in 12.1%, and sedating medication (i.e., over the counter antihistamine) in 26.9%.

The following table presents findings on the total number of injured drivers by type of substance for each participating jurisdiction. Note that the data are not broken down by year at this time.

The following table presents data by number of substances found among injured drivers.

Overall, the report's data reveal that almost 54% of injured drivers presenting in participating hospitals had any type of substance in their blood, with the category other substances being most frequently found, especially central nervous system depressants (27%). Other substances found among injured drivers included: 12% with BAC higher than 0.08 or with stimulants, 10% with opioids, and 7% with THC above 2 ng. While there were variations between provinces, the same general pattern was observed with the Atlantic provinces presenting the largest proportion of injured drivers with any substance in their blood (70%), followed by Saskatchewan (60%) and Quebec (57%). The same order was observed for THC above 2 ng: Atlantic (14.7%), Saskatchewan (10%) and Quebec (7.7%), as well as for the number of substances present: Atlantic (21% with 2 and 14.6% with 3 or more), Saskatchewan (17% with 2 and 7.8% with 3 or more) and Quebec (16% and 6.6%). These findings suggest that while alcohol remains a key substance with the largest number of injured drivers presenting in hospitals, significant attention should also be devoted to further examining issues and developing preventative messages related to substances other than alcohol and cannabis.

Coroners' toxicological data

Coroners and medical examiners report data from toxicological analyses of different specimens (e.g., blood, urine, hair, etc.) from fatally injured drivers. However, similar to police investigations, many coroners will not conduct further analyses if alcohol is present and can clearly be established as a probable cause of death. Furthermore, if the cause of death is obvious, many will not conduct toxicological analyses; this decision is, in part, related to the time and costs of conducting such analyses. Furthermore, methods may vary between jurisdictions, making it difficult to compare data. For information relating to research from the Traffic Injuries Research Foundation in 2017, please refer to the previous Annual National Data Report to Inform Trends and Patterns in Drug-Impaired Driving.

In its 2023 report, Quebec provides a series of data from the Laboratoire de sciences judiciaires et de médecine légale (LSJML) and the Coroners' Office. LSJML cases are analyses of urine or blood samples from impaired drivers. One should remember that while blood samples indicate recent use, such is not the case for urine samples since traces of THC can remain in urine for days, up to 30 days among regular users. Given delays for coroners to complete the analysis of the incidents and submit reports, the 2023 report presents data from 2021. 2021 LSJML data show that methamphetamines are most frequently detected, followed by cannabis and cocaine. (LSJML, 2023). Since data on requests for cannabis analyses are incomplete, 2020 data are presented. Of the 588 requests focused on cannabis, 13% had a THC blood concentration between 0.5 and 1.9 ng/mL, 17% between 2.0 and 4.9 ng/mL, and 16% over 5 ng/mL. A THC rate below 2 ng/ml does not necessarily indicate recent use, while a rate over 5 ng/ml is associated with impaired driving and recent use. In addition, a rate over 5 ng/ml increases the likelihood of a responsible crash. Poly drug use was found in 83% of cases.

Coroners' data for 2019-2023 do not represent all deceased drivers since only about 76% are tested for the presence of drugs. Furthermore, 2020 data are 99% complete and 2021 data are 96% complete, but 2022 and 2023 data are only 90% and 59% complete due to delays in concluding analyses and reporting data. Substances most often detected since 2019 are cannabis, cocaine and methamphetamines, which is aligned with LSJML data. The only significant change observed during this period is that methamphetamine was increasingly more present from 2019 to 2022 before seeing a reduction in the preliminary 2023 findings. Also, negative cases are proportionately less frequent since 2019, while the proportion of cases involving cannabis is increasing, although these results are not statistically significant. Among those testing positive for cannabis in 2023, (n=19), 26% (n=5) had also used another drug (Coroner's office 2023; unpublished data). The proportion ranged from 35% to 50% between 2019 and 2022.

Data from the Saskatchewan Coroners Service showed a total of 46 deceased drivers in 2023. Surprisingly, cannabis was the lone intoxicant found in 5 of the deceased drivers. The toxicology results are shown in the following table.

The New Brunswick Coroners' Office maintains statistics regarding fatal motor vehicle traffic crashes in the jurisdiction. Although data was reported on 65 cases, the table below provides further detail on the 45 cases where a driver was involved and the coroner's investigation has been completed.

Toxicology data from the Office of the Chief Coroner of Ontario (OCC) on drivers killed between 2017 and 2021 is in Figure 3 below. Of the 138 drug-related driver fatalities in 2021, 94 (68%) fatally injured Ontarians tested positive for cannabis alone or in conjunction with another substance. Males comprised approximately 83% of cannabis-related driver fatalities in 2021, with females comprising 17%. Results found for cannabis impaired drivers are shown in the following chart.

What is being done to address drug-impaired driving

Similar to other crimes, DID can be addressed with a graduated approach that includes prevention, detection, and deterrence. Upstream, efforts are made to prevent its very occurrence, in particular through awareness raising and education which can be universal or targeted to specific at-risk groups of the population. Detection will be done through traditional policing methods including road checks and the use of screening tools such as ADSE and SFST. When impaired driving behaviour is detected, additional investigations may be conducted by making a DRE and/or blood sample demand. If the officer has reasonable grounds to believe that the driver is impaired, criminal charges can be laid and/or administrative sanctions imposed, to deter future similar behaviour, either of a specific individual or of the larger community (general deterrence). This section presents activities undertaken by the jurisdictions under these various approaches.

Prevention and detection

Most jurisdictions have conducted various forms of preventative and detection interventions both before and after cannabis legalization. These interventions included public awareness campaigns on all types of media but mostly on social media channels, as well as targeted education campaigns in high schools, directed at drivers or at cannabis users in cannabis retail stores.

British Columbia

The British Columbia Liquor Distribution Branch (BCLDB) continued the "Don't Drive High" public educational campaign in summer and winter 2023 highlighting the risks and consequences of cannabis-impaired driving. The summer and winter campaigns in 2023 included digital and printed posters in restobars across the Greater Vancouver area, as well as in-store print and digital materials in British Columbia Cannabis Stores across the province, reaching approximately 769,555 impressions. Additionally, British Columbia has conducted over the past 35 years a police-run roadblock tactic "CounterAttack", which aims to catch drug and alcohol impaired drivers and reduce injuries and fatalities. British Columbia ran two CounterAttack campaigns, one in July and one in December of 2023.

Starting in 2023, the British Columbia Cannabis Secretariat partnered with P. Sukhawathanakul (University of Victoria) to conduct research on how young adults assess risks related to driving after using cannabis. Findings showed that young adults are largely unaware of the legal blood THC limits and do not understand the quantity of cannabis consumption associated with these limits (e.g., one or two puffs, 5 mg THC edible) or how long to wait after using cannabis to ensure they are not driving while impaired. While some participants reported strategies to avoid driving after using cannabis (e.g., ensuring they do not have to leave the house for anything, only using when they will be somewhere for several hours), individuals using cannabis frequently and for coping purposes (e.g., mental health challenges) may be especially likely to drive after using cannabis. The study also highlighted cannabis consumers' desire for more information about how cannabis impairs driving, a "rule of thumb" about how long to wait after using different types of cannabis products, and more awareness of what police are doing to detect and enforce against cannabis-impaired driving.

Alberta

Alberta sees many preventative interventions by different police services, targeting varying groups such as youth drivers, student drivers, city and neighbourhood street drivers, highway drivers, truck drivers, etc. These measures are enforced at different times and occasions including, but not limited to long weekends, holiday seasons, school zones, construction sites or sports and entertainment events. For example, the Edmonton Police Service (EPS) enforces what they call 'Big Ticket' events, where at various times of the year numerous roadblocks are mounted and tickets issued to offending drivers. Speed limits throughout the school year are rigidly enforced and lastly, police sometimes maintain a presence at both road construction sites and in areas where 'speed fine doubles' signs are visible, to deter dangerous driving and promote safety.

As part of the National Impaired Driving Enforcement Day, Alberta's RCMP removed a total of 23 impaired drivers from the roadways; 17 drivers received immediate roadside sanctions (4 of which were for failing to comply with breath demands), and 4 drivers received warnings. In addition to driving suspensions, all 23 had their vehicles seized.

During Operation Impact 2023, a 4-day safe driving initiative organized by the Canadian Association of Chiefs of Police, the Alberta RCMP issued a total of 1,025 tickets. 902 tickets were issued for speeding, 1 motorist was found traveling 185 km/h and another 12 were in excess of 50 km/h over the posted speed limit. In addition, a total of 55 tickets were issued for distracted driving, 40 for seatbelt infractions, and 15 for alcohol offences. Since 2006, the City of Edmonton has run their "Curb the Danger" program where police and community collaborate to detect impaired drivers and report dangerous driving to 911 operators. There were 5,662 calls received in 2023 which resulted in 68 criminally-impaired driving charges and 590 roadside sanctions.

Alberta undertook a study about the effects of cannabis on youth. The study will be the first in Canada to include a detailed province-wide survey of young adults between 18 and 24 years old. The study will also include a jurisdictional scan to survey the landscape of cannabis use in Alberta in comparison to other provinces to assess similarities and differences.

Saskatchewan

In Saskatchewan, stakeholders, police services, Saskatchewan Government Insurance (SGI), Students Against Drinking and Driving (SADD) and Mothers Against Drinking and Driving (MADD) held various events to increase awareness of the effects of impaired driving throughout 2023. SGI held the "You've Got Options" event during November and December by sponsoring TV, online, print, and radio advertisements that focused on highlighting different alternatives to driving after a night out. SGI also continued to offer "Ride for Free on NYE", providing free bus transportation and paratransit services on New Year's Eve in Saskatoon, Regina, Prince Albert, and Moose Jaw. Once again, MADD Canada continued to deliver programs aimed at Saskatchewan youth. The "SmartWheels" presentation for grades 4-6 was delivered 224 times at 72 schools, the "MADD School Program presentation for grades 7-12 was made 148 times at 135 schools, and the "Weed Out the Risk / Pot au volant" presentation for grades 7-12 was made twice at 1 school (one of which was done in French). Public awareness efforts in Saskatchewan were recognized in 2023 with the SGI winning the CCMTA Road Safety Award for its "Find a Safe Ride" campaign. The campaign is part of SGI's overarching initiative to encourage drivers and bystanders to make positive choices on the road.

Manitoba

Similar to previous years, Manitoba's Liquor, Gaming & Cannabis Authority promoted various public education campaigns on cannabis focusing on cannabis laws, low-risk usage, and products. However, during 2023, these campaigns have not focused specifically on DID, but rather around cannabis laws and general preventative measures to deter excessive cannabis use. Manitoba Public Insurance also conducted multiple DID media awareness campaigns in 2023 through television, billboards and other paid digital ads.

Ontario

Ontario continues to raise awareness about the dangers of impaired driving by working with provincial and regional community groups across the province to launch and support a variety of road safety public education and awareness initiatives, including those that focus on impaired driving activities. During 2023, Ontario raised public awareness and knowledge of the effects of drugs and alcohol through several campaigns. These efforts ranged from webinars to educational videos, to social media campaigns and educational programs. They included, for example: the Arrive Alive 35 campaign, the Traffic Injury Research Foundation (TIRF) public service announcement campaign, police checkpoint blitz events, and the #HomeSafeForTheHoliday social media campaign. In addition to these efforts, Ontario continues to do grassroots public outreach across the province at community events as well as targeted education campaigns in local schools, hospitals, libraries and key community groups such as newcomers, Francophones, Indigenous Peoples, older adults and youth.

Quebec

Every year since 2013, Québec's automobile insurance body (SAAQ) has carried out drug-driving campaigns. It also conducts an annual evaluation of its cannabis and alcohol campaigns, measuring both perceptions and performance around drunk driving. In July 2023, the SAAQ supported the Summer 2023 impaired driving awareness campaign aimed to "remind drivers that it's risky and dangerous to drive after consuming alcohol or drugs, even when the quantities consumed are small", and reminding drivers to always plan for an alternative solution to return home. The campaign consisted of audio messages broadcast on traditional and digital radio stations, a video broadcast on Facebook, and the posting of traditional print ads in restaurants and bars.

Quebec's police forces also contribute to raising awareness and fostering the prevention of impaired driving. In May 2023, the police force of a county west of Montreal organized the simulation of a car crash reaching 1,200 students in a local high school. Students' perceptions and attitudes of the acceptability of driving after cannabis or any other drug use were significantly modified following the presentation. Since it has been filmed, the presentation will be used in other high schools around the province.

Furthermore, most Quebec police forces use social media tools such as Twitter or Facebook to promote awareness messages on impaired driving. Finally, as in previous years, police forces throughout the province delivered the National Concerted Operation Alcohol-Drugs from November 30, 2023 to January 2, 2024. The Road Safety Coordination Committee is responsible for the organization of this annual national operation in partnership with the Sûreté du Québec, "Road-check Quebec", the Association of Quebec Police Directors, the SAAQ, and all police forces in Quebec (Sûreté du Québec, 2023).

New Brunswick

Since 2018, New Brunswick has continued an initiative with the Department of Health on a public education and awareness campaign regarding cannabis called "I'm in Control", whose objective is to raise awareness on DID and its risks associated with legalized cannabis and aims to minimize its harm. This campaign targets youth to know the facts and understand the risk associated with consuming cannabis, and for them to make informed decisions within their personal use. This ongoing campaign is comprised of several modes of delivery, with a presence at festivals, awareness weeks, schools and campuses, and its evaluations are tailored to each specific tactic. The Government of New Brunswick also maintains the Cannabis in New Brunswick website, providing factual informative links to the Government of Canada website by promoting "Don't Drive High" programs. Finally, in partnership with TraumaNB and the New Brunswick Road and Trail Safety Working Group, a summer public awareness campaign was launched in 2022 to address impaired driving, and a complementary campaign entitled "A Safe Winter is Child's Play" was launched in March 2023. Promotional material related to these campaigns are available online at GreatSummers.ca and SafeWinterNB.ca.

The province utilized webpages, video media, still photography, billboards, digital promotion screens, social media, and public transit to advertise these campaigns. The province noted the most successful performance for this campaign was through social media ads on Meta (Facebook and Instagram) and TikTok, with 1,801,950 and 364,127 impressions respectively. Additionally, these media allow for the targeted distribution of awareness material resulting in the greatest impact on the public.

Nova Scotia

The Government of Nova Scotia continues to maintain the website Be in the know to educate members of the public on cannabis related issues. While there were no formal media campaigns in Nova Scotia, police agencies regularly released information on DID and charges laid in efforts to educate the public and deter individuals from driving while impaired.

Prince Edward Island

In 2023, Prince Edward Island continued an impaired driving public awareness campaign that included radio advertisements, signs on bus shelters, billboards, social media content and rink boards to demonstrate the adverse effects alcohol- and drug-impaired driving has on first responders in the community. Stemming from the 2018 legalization of cannabis, Prince Edward Island continues with their public awareness campaign on laws surrounding cannabis, health risks, responsible usage, how to talk to youth and dangers around being driving impaired. This campaign is found on social media, radio channels, newspapers, digital advertisements, posters, and can be further explored on the Prince Edward Island provincial website — Just the Facts.

The Prince Edward Island Cannabis Management Corporation continues to fund various year-round public education campaigns on radio, educational campuses, transit buses and shelters, and sporting events. Partially funded by the DID contribution agreement, MADD Canada Prince Edward Island, in collaboration with law enforcement, installed "Campaign 911" signs across the province in spring 2023. Law enforcement as well as the Department of Justice and Public Safety are also active on social media, sharing messages about the importance of sober driving and highlighting enforcement activities to remove impaired drivers from the roads.

Newfoundland and Labrador

The RCMP's Strategic Communications & Media Relations Unit regularly issues news releases to media outlets and social media channels on DID and arrests, to both educate the public and serve as a deterrent. Media interviews are also conducted when necessary.

Nunavut

The Nunavut Territory has taken an active approach to encouraging people who consume cannabis to get home safely. Through the Nunavut Liquor and Cannabis Commission (NULC), 10,800 taxi vouchers were delivered to storefront consumers, at licensed establishments, liquor inspections, and RCMP/municipal enforcement inspections. The campaign proved successful as 8,507 of the 10,800 vouchers issued in Iqaluit were redeemed.

Northwest Territories

In 2023, the Department of Infrastructure had a small-scale social media campaign rolled out around key events and holidays like Christmas and while preparing for a much larger campaign to be rolled out in 2024.

Yukon

The Highways and Public Works Department produce the majority of media campaigns in the jurisdiction related to road safety, including a holiday-themed impaired driving campaign, and a prescription medication impaired driving campaign which includes cannabis. The Government of Yukon collaborated with the Boys and Girls Club of Yukon in 2023 to create educational awareness material on the impacts of impaired driving, targeting Yukon's young drivers.

MADD in Whitehorse ran the annual media campaign Project Red Ribbon. Beginning annually on November 1st and ending the first Monday in January, MADD coordinates with the RCMP and other government officials to administer check-stops to highlight the dangers of impaired driving.

Nationally

In 2023, PS's campaign, Don't Drive High, continued to raise awareness about the dangers of DID with:

• Over 6,000 visits to the Don't Drive High campaign landing page; and
• Two digital audio spots with a reach of over 2.9 million

Law enforcement capacity building

As previously mentioned, key tools available to law enforcement include using the ADSE and the SFST to detect DID, and DRE and blood draws^{Footnote 15} to support the prosecution of DID offences. The federal government's initiative to support the implementation of the new DID legislative regime by law enforcement provides the opportunity for enhanced training in SFST and DRE, increased capacity to procure ADSE, and increased funding for the RCMP laboratory to conduct toxicological analyses.

Standardized Field Sobriety Test (SFST) training

Originally designed for the detection of alcohol-impaired driving, Standardized Field Sobriety Test (SFST) is an observational test consisting of three key components: Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus. While used to detect impaired driving, including DID, in the USA since 1981, SFST was formally authorized as a screening tool for law enforcement to detect impaired driving in Canada in 2008, and training was offered on its use in all PTs. Although research is still ongoing to determine SFST's scientific validity for drugs (Porath & Beirness, 2014), extensive Canadian case law has recognized its use.

SFST training takes different forms. In some jurisdictions, it is delivered only in police colleges (e.g., Quebec's École nationale de police), but in most cases it is delivered by a combination of colleges and local law enforcement organizations (e.g., British Columbia, Ontario). In Quebec, training on SFST is mandatory and is part of the initial training program for police officers at the police school. Also, SFST training is available to police officers on duty (course lasting 24 hours).

As part of the federal initiative to support the implementation of the new DID legislative regime, the national target is that 33% (or approximately 23,500) of all frontline law enforcement officers will have been trained in SFST over five years^{Footnote 16}. The CBSA initiated SFST training in 2018 as part of the DID initiative.

As can be seen in Table 10 below, although the number of officers trained in SFST has slightly declined in 2023 relative to 2022, the past two years have generally rebounded following the sharp decline in 2020 due to the COVID pandemic. That said, it is possible that levels of training in the pre-COVID years were exceptionally high to enable police forces to quickly adapt to the new legislation. It may also have been more challenging and time-consuming for law enforcement organizations to restart training programs following the end of the pandemic than to initiate them in the first place immediately after the legalization of cannabis.

Including Quebec which trains 100% of its police officers in SFST, over 30,000 officers overall across the country had been trained in SFST at the end of 2023, representing 42% of all police officers in the country. The distribution across jurisdictions is as follows:

The average cost of SFST training varies significantly across jurisdictions from a few hundred dollars to a few thousand. This may depend on such factors as the method of course delivery, geographical location (e.g., need to travel), course duration, class size, etc.

Drug Recognition Expert (DRE) training and certification

DREs receive training on the Drug Evaluation Classification (DEC) Program. The DEC is a systematic and standardized 12-step procedure used by trained officers to recognize and evaluate behaviours and physiological indicators associated with the seven different drug categories: central nervous system depressants and stimulants, inhalants, dissociative anesthetics, cannabis, hallucinogens, and narcotic analgesics. The results of the 12-step evaluation, when corroborated by toxicological evidence of drug use, provide sufficient evidence to proceed with DID charges (Porath & Beirness, 2019).

The Criminal Code recognizes the International Association of Chiefs of Police (IACP) DEC Program as the sole approved training for SFST and DRE for Canadian police and, since 2005, the program has been under the stewardship of the RCMP National Traffic Programs and Operational Technologies. The national DEC program is managed by the RCMP which collects yearly statistics on training, certification, and re-certification of officers across Canada. Data from the RCMP national office indicates that 227 officers were trained in DRE in 2023, a reduction from 320 in 2022. Some of the factors that may explain this situation include that sessions had to be cancelled due to low enrolment given officers' inability to take time away from frontline duties/agency needs, and the challenges of pulling together officers from different jurisdictions into the same session. Nonetheless, these numbers represent a significant increase from 39 in 2021 and 91 in 2020.

The national total of active DRE officers at the end of 2023 was 1,178, an increase from 1,019 in 2022. This now represents almost 94% of the 5-year target (n=1,250) established by the PTs as part of the funding agreements under the federal initiative. Following the inability to hold training and recertification sessions during the COVID-19 pandemic, training has now been ramped up to near pre-pandemic levels and it is expected for the total number of DREs to follow the same trend in the coming years.

Approved Drug Screening Equipment (ADSE) procurement

The RCMP has rolled-out a national master "train-the-trainer" curriculum on the approved drug screeners for police services across the country.

Eleven provinces^{Footnote 17} and territories have purchased and deployed ADSE as follows:

While most PTs continue to increase their inventories of ADSE available to officers, challenges persist in many jurisdictions. Some provinces are disincentivized due to the limited scope of detected drugs (only THC and cocaine). Other provinces have indicated that they are waiting for new devices and improved technology to be introduced before procuring more devices.

Law enforcement interventions

Collecting data on law enforcement interventions to address DID has been challenging for all jurisdictions for a variety of reasons. When this initiative started in 2017, collecting this data was a new requirement in most instances for law enforcement organizations across the country. As such, there was a need to work closely with PTs to ascertain the feasibility and capacity to collect data on law enforcement interventions in DID cases. Having started in late 2018, further to the enactment of cannabis legalization, this work continued well into 2019. Agreement was reached with all jurisdictions in December 2019 on the list of national indicators and data sources. Once agreement was reached on the list of indicators and data sources, jurisdictions needed to develop data collection tools and establish protocols with law enforcement agencies. Given that data collection takes time, and the primary responsibility of law enforcement is to respond to calls and conduct investigations, discussions with law enforcement agencies about appropriate and efficient ways to collect the required data are ongoing.

Standardized field sobriety testing

Prior to this federal initiative, data on the use (e.g., frequency, circumstances such as day of the week or time of day, and results) of SFST was not collected by police. Given that this tool was available for use by law enforcement since 2009, and that it is in many cases a key detection tool, addressing this absence was a key priority for FPT senior officials and for the FPT WG on DID.

Since 2019, some jurisdictions have started testing the implementation of a log of SFST results. The RCMP and CBSA track each time the SFST is administered to a driver.

Starting in 2021, significantly more data on SFST has been collected and made available. Due to a different data collection system used by the RCMP in British Columbia, no data on the use and results of SFST is currently available. In all jurisdictions but Ontario and Quebec, data includes results from both RCMP and non-RCMP (e.g., municipal) police forces, except for the three territories where the RCMP is the only police. The data presented below report all known cases where SFST was used as a screening tool, and reports on poor performance only in cases where drugs are involved. The data are as follows:

In New Brunswick, 493 of the 551 SFST trained officers reported never conducting an SFST operational evaluation in 2023. While this may seem like a potentially concerning trend, the overall incident reporting rate for officers continued to increase from 35% in 2022 to 56% in 2023. There are indications from other jurisdictions that a similar situation would occur.

The CBSA used SFST 359 times across the country, with 228 (64%) performing poorly.

It is interesting to note the wide variation in the proportion of cases where the driver performed poorly. This is most likely due to the incomplete reporting of frequency of use and results. Nevertheless, there has been some progress in data coverage across the country.

Drug recognition evaluation

The RCMP National DEC program and the Sûreté du Québec in cooperation with the École nationale de police in Quebec collect DRE data. Certified drug recognition experts complete a drug influence evaluation sheet (known as the facesheet), a narrative report, and the DRE report (the tracking form). The facesheet contains large amounts of qualitative information, but none is systematically captured in electronic records. Furthermore, the database is still largely paper-based, and likely incomplete as DRE facesheets may only be transmitted to the data collectors once toxicology reports are completed and collected, which can take months.

Despite a decline from 2020 to 2022, the number of DRE evaluations conducted yearly has increased since 2018 (from 2,937 to 4,443 in 2023). However, the average number of assessments per DRE decreased in 2023 compared to 2022 (3.64 versus 4.74).

Most opinion categories^{Footnote 18} remained stable in 2023 relative to 2022. However, cannabis as an opinion category slightly increased from 975 to 1,002, and remains the third most frequently opined drug category, behind stimulants and narcotics analgesics. Figure 6 below displays the DRE opinion categories for 2023 and the following tables present the detailed results for each year.

It is important to note that the tables below represent the total number of times the drug category was opined during an evaluation, not the total number of occurrences. Additionally, there can be multiple categories opined per individual occurrence.

Approved drug screening equipment

As mentioned earlier, eleven jurisdictions have procured ADSE since their approval, but not all have actually used them. Data on the use of ADSE by law enforcement for 2023 was reported by seven provinces and one territory (Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, and Nunavut)^{Footnote 19}:

• Alberta: used 90 times (77 times in 2022), 66 positive (73.3%) compared to 69 positive (90%) in 2022
• Saskatchewan: 1,859 times (933 in 2022), 1,571 positive (85%) compared to 721 positive (77%) in 2022
• Manitoba: used 174 times (102 in 2022), 58 (84%) positive for cannabis alone or in combination with cocaine, compared to 86 (84%) in 2022
• Ontario: used 43 times, 4 (9%) positive. Of the 43 ADSE tests conducted, 7 returned no result, 5 were refused, and 29 were reported as null^{Footnote 20}. In 2022, ADSE was used 11 times, with 7 (64%) positive results
• Nova Scotia: ADSE were used a screening tool in 8% of the 99 DRE evaluations (used 47 times in 2022)
• Prince Edward Island: used 59 times, 51 (86%) positive
• Newfoundland and Labrador: the RCMP used ADSE 10 times, with 100% positive results. In 2022 they were used 21 times, with 20 positive results (95%)
• Nunavut: ADSE were used 39 times, however the results are unknown. No data were reported in 2022

There appears to be an increasing level of use of ADSE in provinces that have procured the devices. The proportion of positive results (i.e., an impairing drug detected above authorized levels) ranged from 61% to almost 100%.

The CBSA has elected not to proceed with the purchase of drug screening devices, due to their lack of suitability for the Agency's operating environment and mandate. This decision demonstrated sound fiscal responsibility and with a heightened reliance on the SFST, the Agency will maintain its commitment to interdicting impaired drivers at ports of entry.

Blood analyses

Data on the number of times blood samples were demanded in cases involving suspected DID was provided by the RCMP where it delivers provincial or municipal police services (all but Ontario and Quebec). Data for 2021 are lower due to the fact that toxicology laboratories were focusing their resources on the COVID-19 pandemic. Additionally, given lack of resources and time to obtain results, it is likely that a significant amount of data may be missing.

Table 20 below displays the total number of blood analysis requested by type of analysis, and the number of toxicological results received from the RCMP labs only (excludes the Ontario and Quebec labs). In many cases, the toxicological analysis result reports are unavailable.

In Manitoba, blood draw demands are being employed by police agencies upon suspicion of DID. Data was available for all police agencies other than the Winnipeg Police Service. Below is a summary of blood draw demands from Manitoba along with results received to date.

In Newfoundland and Labrador, the RCMP requested a 38 blood sample analysis in 2023. Out of the 28 samples analyzed, 27 returned positive results, there remains 7 samples pending analysis and 3 requests cancelled.

In Saskatchewan, 12 blood sample analysis were requested in 2023. Of these, there were 5 positive results and 0 negative results. The remaining data was unavailable at the time of collection.

In Ontario, there were 301 blood sample demands made within OPP jurisdiction in 2023. Alcohol or drugs were detected in 54% (163) of the 264 samples analyzed. There were 42 occurrences of THC detection, and 9 occurrences where another sort of cannabis was present.^{Footnote 21}

The province of Quebec undertakes blood or urine sample testing through the Laboratoire de sciences judiciaires et de médecine légale (LSJML). In 2023, 442 samples were analyzed to completion with 96% urine samples and 4% blood draws. The vast majority of samples (93%) returned positive results for at least one drug; cannabis was the third most prevalent drug, turning in 182 positive results (a significant increase from 43 in 2022) while stimulants and depressors were first and second respectively. Well over half (60%) of the 410 positive results showed poly-substance use.

Results

Charges^{Footnote 22}

Statistics Canada's 2021 Juristat article on Impaired Driving (Perreault, 2021) indicates that the rate of all impaired driving incidents cleared by charge is generally declining: it was 94% in 1989, about 71% in 2015, 63% in 2018, and 56% in 2019. An even smaller proportion of DID incidents are cleared by charge: 57% in 2018 and 49% in 2019. This may be due in part to increased use of administrative sanctions in alcohol-impaired driving cases as opposed to criminal charges, as well as the challenges associated with investigating and prosecuting a DID offence, as previously discussed.

Given that the Act legalizing cannabis was adopted only in the latter part of 2018 and that bringing charges to prosecution may be a long process, data presented below from provincial and territorial annual reports for 2023 may not reflect the full extent of the DID charges. The DID charges being analysed in this section include: 320.14(1)(a), (c), (d), and 320.14(4). Furthermore, and most importantly, PT data on 320.14(1)(a) includes cases of alcohol impaired driving, which obviously skews the findings. Data provided by jurisdictions for 2023 is as follows:

• In Alberta, 47 charges were laid under 320.14(1)(a), (c), (d), or 320.14(4)
• In Saskatchewan, 2,534 charges were laid under 320.14(1)(a) or (c)
• In Manitoba, 139 charges were laid under 320.14(1)(a), (c), (d), or 320.14(4)
• In Ontario 4,973 charges were laid under 320.14(1)(a), (c), (d), or 320.14(4)
• In New Brunswick, 82 total charges were laid under 320.14(1)(a), (c), (d), or 320.14(4), 56 of which were on behalf of the RCMP
• In Nova Scotia, 1,528 charges were laid under 320.14(1)(a), (c), (d), or 320.14(4)
• In Newfoundland and Labrador, the RCMP laid 45 charges under 320.14(1)(a), (c), (d), or 320.14(4)
• In Nunavut, 16 charges were laid under 320.14(1)(a), (c), (d) or 320.14(4)
• Of the 1,567 occurrences of impaired driving in the Northwest Territories in 2023, 284 were cleared by charge, 113 were unfounded, 1,107 had insufficient evidence, and 16 were cleared as "other"
• In the Yukon, a total of 171 charges were laid for impaired driving in 2023

The table below presents the number of impaired driving charges laid annually since the first year the annual national report on DID was developed.

As can be seen, there is extremely wide variation in the number of charges laid between and within jurisdictions over the years. We currently cannot explain this situation.

Youth charged with impaired driving

The CCSA commissioned a study to examine the impacts of cannabis legalization on youth, and vulnerable youth in particular ^{Footnote 23}. One of the elements examined was DID.

The authors conducted an analysis using Statistics Canada data, examining charges related to driving while impaired on drugs. Pre-legalization charges included operation of a vehicle while impaired by drugs. Post-legalization charges included: 1) operation of a vehicle while impaired by drugs; 2) operation of a vehicle while impaired by drugs and alcohol; and 3) operation of a vehicle while impaired (unspecified).

The data indicate that driving while impaired charges (note that this includes all drugs, not just cannabis, as well as the combination of alcohol and drugs) in Canada, increased significantly after cannabis legalization. In 2015, only 2,549 impaired charges were issued. By 2019, this figure had risen to 11,958 charges, an increase of 369%.

All PTs, except for the Yukon and Nunavut, experienced a significant post-legalization rise in DID charges^{Footnote 24}. However, the magnitude of this increase varied dramatically by region and age group. Three provinces (Newfoundland and Labrador, New Brunswick and Manitoba) experienced increases of less than 100%. Five regions (Prince Edward Island, Quebec, Saskatchewan, British Columbia and the Northwest Territories) experienced increases of between 100% and 200%. Two provinces (Nova Scotia and Alberta) experienced increases in impaired charges between 200% and 500%. Ontario experienced – by far -- the greatest post-legalization increase in impaired driving charges: from only 439 cases in 2015 to 6,334 cases in 2019; this represents a 1,342% increase in driving while impaired (on drugs) charges over this five-year period.

Youth 12-17 years old represent a small minority of those charged with driving while impaired offences (less than 3% across the study period). While they also experienced a significant increase in impaired-driving charges following cannabis legalization, the increase was far less than for older adults. In 2015, prior to cannabis legalization, only 54 impaired driving charges were laid against young offenders. This figure rises to only 127 charges in 2019 – a 135% increase. In comparison, the rate increased by 258% for young people aged 18-24.

Only seven of the thirteen provinces and territories – Prince Edward Island, Nova Scotia, Quebec, Ontario, Manitoba, Alberta, and the Northwest Territories -- experienced a post-legalization increase in youth impaired driving charges. All other regions remained stable or experienced a post-legalization decline. Post-legalization, the Northwest Territories has the highest youth impaired driving charge rate (59.1 per 100,000). Prince Edward Island, Nova Scotia, Quebec, and Alberta also have a post-legalization youth charge rate above the national average (5.2 per 100,000). The charge rates for all other PTs fall below the national average.

Convictions

Over the period (2010/11 to 2018/19) examined in Statistics Canada's 2019 Juristat on impaired driving (Perreault, 2021), DID cases (64%) were less likely to result in a guilty finding (whether by plea or decision) than alcohol-impaired driving incidents (82%). However, the proportion of DID cases resulting in a guilty finding has risen over the same period from 64% in 2010/11 to 70% in 2018/19.

Given the length of time required to process DID charges in court (median of 115 days in 2018-2019; Perreault, 2021), few jurisdictions presented data on convictions for DID cases in their annual report, and it was incomplete in most cases. One of the factors contributing to the lower proportion of DID incidents resulting in a guilty finding compared to alcohol impaired driving cases is the amount of time it takes to complete an investigation (including getting toxicology results). It is very rare for a case to be completely adjudicated in the same year that the offence occurred, except in cases where a guilty plea is entered. The longer processing time for DID cases means that many cases will be adjudicated in the following year and may still result in a finding of guilt.

It should also be noted that convictions under 320.14(1)(a) include a number of cases (likely the majority) where alcohol was also involved.

Court data compiled by jurisdictions for 2023 is as follows:

• In Alberta, there were 36 convictions under section 320.14(1)(a), (c), or (d), with a 76.6% conviction rate
• In Saskatchewan, there were 616 convictions under section 320.14(1)(a) or (c), with a 24% conviction rate
• In Ontario, out of a total of 8,897 disposed cases in the Ontario Court of Justice, there were 5,271 cases where the accused entered a plea of guilt, or was found guilty under sections 320.14(1)(a), (c), or (d), for a conviction rate of 59%^{Footnote 25}
• In Nova Scotia, there were 215 convictions under section 320.14(1)(a), (c), or (d), with a 12% conviction rate. Of note, 76% of the cases with charges under section 320.14(1)(a) also had charges under section 320.14(1)(b), and the prosecution proceeded only on the charges of alcohol impairment. On cases without an alcohol-impairment charge, the conviction rate was 48% in 2023
• In Newfoundland and Labrador, there were 5 convictions under section 320.14(1)(a), (c), or (d) reported by the RCMP
• In Nunavut, there were 30 total convictions for both alcohol and DID charges

The table below presents the number of impaired driving convictions annually since the first year the annual national report on DID was developed.

Penalties and sentences

The Juristat on impaired driving (Perreault, 2021) indicates that over the 9-year period from 2010 to 2019, the sentences most often imposed for impaired driving were fines and driving prohibitions, with the average dollar value of fines for DID cases being slightly lower than for alcohol-impaired driving cases.

The following jurisdictions provided data on sentences and administrative sanctions imposed under either the criminal or administrative regime in 2023:

• BC reported 16,017 administrative alcohol and drug related driving prohibitions in 2023. 90-day immediate roadside prohibitions (IRP) was the most common outcome, accounting for 61% of all driving prohibitions
• Alberta had 36 convictions in 2023; however, the results are unknown
• Out of 658 cases in Saskatchewan, 77 received a prison sentence, 313 received fines, 73 received probational orders, and 608 received driving suspensions. Additionally, in 2023, 3,436 individuals completed educational programs on addiction and impaired driving, and 5,211 immediate roadside suspensions were issued
• In Ontario, fines remained the most serious sentence imposed, making up 66% of all sentencing cases, while custody alone represented 6% of all sentences in 2023. In total, 326 were sentenced to custody, and 3,481 were sentenced to fines

• In Quebec, over 7,600 licence suspensions were issued, though it should be noted the majority were under section 320.14(a). Additionally, there were 75 vehicles impounded by a peace officer under article 290.2.1.1 (covering drug-impairment only). In 2023, a 90-day licence suspension due to cannabis, other drugs, or cannabis and other drugs or alcohol was imposed in 924 cases (SAAQ, 2023b). This is a slight increase from 2022 (898) and 2021 (891), but a reduction compared to 2019 (1,065) and 2020 (1,184)
• Nova Scotia administered 200 licence suspensions, 188 fines, 19 instances where the perpetrator was taken into custody, 45 probational orders, and 9 conditional sentences
• In Newfoundland and Labrador, sentences included $1,000-$2,000 fines, up to a one year probational order, as well as driving prohibitions. Administrative sanctions were also imposed for licence suspension, vehicle impoundment, monetary sanctions, or a combination
• New Brunswick administered 109 licence suspensions for DID. The province impounded a total of 1,171 vehicles for impaired driving
• The Northwest Territories issued 223 twenty four hour licence suspensions in 2023 for alcohol or DID

Charter challenges

On January 14, 2022, a Nova Scotia Judge rendered a decision on two separate cases in respect of the per se limits, determining that they do not violate the Canadian Charter of Rights and Freedoms. On November 16, 2022, Justice Bodurtha of the Supreme Court of Nova Scotia found that the authority is well established for roadside screening where the Charter s. 10(b) violation is justifiable under s. 1 of the Charter and also found that roadside screening searches do not violate s. 8 of the Charter as they are reasonable. (2022 NSSC 333 (CanLII) | Gray vs. Nova Scotia (Attorney General) | CanLII).

Analysis and conclusions

In most jurisdictions across Canada, data sources (population surveys, roadside surveys, police-reported incidents, as well as coroners' toxicological analyses) tend to indicate an ongoing trend over the past 10-12 years of DID incidents increasing as a proportion of all impaired-driving incidents, with cannabis being one of the most frequently detected class of drug among drivers.

On the one hand, there are some concerning indicators. Cannabis users, especially daily or almost daily users, are more likely to think that cannabis use does not impair driving. In addition, despite increased public awareness campaigns and new and enhanced tools for police to enforce DID laws, only 24% of Canadians believe that it is likely that they will get caught if they drive under the influence of cannabis. While police-reported data show a significant decline in the overall number of police-reported impaired driving incidents over the past ten years, the proportion of DID incidents has significantly increased from about 2% of the total in 2009, to approximately 10% in 2023. It is possible that this increase may be due to a combination of enhanced awareness, and the increase in law enforcement detection and investigation capacity, instead of an increase in the actual behaviour of driving after cannabis and/or other drug use. However, the UBC study as well as Coroners' data both show an increased prevalence of injured drivers with levels of THC in their blood at or higher than prescribed levels following legalization. In addition, changes in use patterns with people using significantly more ingested products than five years ago may be cause for concern since much less is known about the impairing effects of ingested cannabis products. It will be key to continue monitoring and triangulating data from multiple sources to better assess trends and patterns in actual drug-driving behaviour.

On the other hand, survey data tend to indicate that public education and awareness campaigns conducted nationally by PS and in provinces and territories may have contributed to changing Canadians' perceptions about driving after cannabis use, with an increasing number of respondents agreeing that cannabis use impairs driving abilities. While the proportion of Canadians reporting driving after cannabis use has remained stable in 2023, it has considerably diminished from 27% in 2018 to about 19% in 2023.

Whether the current levels of law enforcement capacity to detect and deter DID are sufficient cannot be determined. Nevertheless, despite the COVID-19 pandemic halting progress in 2020, there has been a significant increase in law enforcement capacity in SFST, DRE and ADSE. There are over 30,000 officers trained in SFST, and data on its use is now collected by more jurisdictions than in previous years, showing significant results at screening drivers who may have recently used cannabis. In fact available data indicate that these tools are highly dependable: when a DRE and/or blood sample are requested further to a failed SFST, there tends to be a high level of correlation (i.e., a poor result on SFST tends to be confirmed by a DRE and/or blood analysis). Eleven of thirteen jurisdictions have now procured ADSEs and their use is increasing, yielding generally high correlation with further investigations of drivers whether through blood sample analysis or a DRE. It can be expected that their use will continue increasing as law enforcement becomes increasingly familiar with these tools. Data indicates that there were almost 1,200 active DREs in 2023, compared to a little over 900 in 2019. While the number of evaluations per DRE officer fell in 2023 compared to the previous year (3.64 vs. 4.74), the total number of evaluations conducted increased to 4,443 and has nearly doubled since 2018. The proportion of DRE category opinions is variable but tends to be higher for "drugs" in general than for cannabis specifically.

Given that processing time for DID court cases tends to be significantly longer than in alcohol-impaired driving, data on charges and their results remains preliminary. There is a long-standing and continuing trend where charges are laid more frequently and lead to higher levels of convictions for alcohol than for DID cases. There also appears to be a trend where administrative penalties under provincial/territorial legislation may be used more often than proceeding with criminal charges. However, future year data and additional analyses will be required to validate these early trends.

Finally, work is continuing at the FPT table and with key stakeholders such as the Canadian Association of Chiefs of Police to further improve the completeness and accuracy of available data.

In conclusion, DID is increasing, albeit moderately, and as such should continue to be a priority for governments and law enforcement at all levels, including maintaining awareness and prevention, capacity building, as well as monitoring and analysis capabilities.

References

• Brubacher, J.R., et. al. (2019) Cannabis use as a risk factor for causing motor vehicle crashes: a prospective study
• Canadian Council of Motor Transport Administrators (2019) A Compilation of Jurisdictional Roadside Surveys Conducted prior to Cannabis Legalization (PDF) Ottawa
• Compton, R. (2017) Marijuana-impaired driving: A report to Congress (PDF). Washington, National Highway Traffic Safety Administration
• Owusu-Bempah, A., Wortley, S. and Schlapak, R., (2021) Impact of Cannabis Legalization on Youth Contact with the Criminal Justice System. Ottawa: Canadian Centre on Substance Use and Addictions
• Moreau, G. (2021) Police-Reported Crime Statistics in Canada, 2020. Statistics Canada
• Perreault, S. (2021) Impaired Driving in Canada, 2019. Statistics Canada
• Perreault, S. (2016) Impaired Driving in Canada, 2015. Statistics Canada
• Porath-Waller, A.J. et D.J. Beirness (2014) An Examination of the Validity of the Standardized Field Sobriety Test in Detecting Drug Impairment Using Data from the Drug Evaluation and Classification Program. Traffic Injury Prevention, 15, 125-131
• Porath, A.J. et D.J. Beirness (2019) Predicting categories of drugs used by suspected drug-impaired drivers using the Drug Evaluation and Classification Program tests. Traffic Injury Prevention
• Robertson, R.D. et coll. (2017) Prevalence and trends of drugged driving in Canada. Accident Analysis and Prevention. Vol.99, partie A

Date modified:

2026-04-09