IMPORTANT: Changes to DUI Law, Specifically Non-Citizens
The law of impaired driving has changed dramatically in Canada by Bill C46 as of December 18, 2018, specifically for Non-Citizens.
Starting on that date, the maximum penalty for a number of offences, such as drive at 80mgs or more, impaired driving and refuse to provide a breath sample, has increased. The new laws also added legal limits for blood drug concentrations, below is a brief look at Section 320.14 (1)(c) of the Criminal Code.
As a result, any permanent resident of Canada or foreign national in Canada on a visa can be deported if convicted of any of these offences, regardless of the actual penalty imposed.
It is thus critically important for a permanent resident of Canada or foreign national to get proper legal advice when facing such a charge. Our lawyers at Lindsay Law, are well-equipped to give that advice. In fact, Peter lectured on April 23, 2019 at a program put on by the Ontario Bar Association about the new changes in the law.
If you or anyone you know, is affected by theses changes, please call us at 416.733.3313 for FREE CONSULTATION.
Section 320.14 (1)(c) of the Criminal Code provides that a person who has a blood drug concentration equal to or exceeding the following levels with 2 hours of ceasing to operate a conveyance.
| Column 1 | Column 2 | |
| Item | Drug | Concentration |
| 1 | Tetrahydrocannabinol (THC) | 5 ng/mL of blood |
| 2 | Lysergic acid diethylamide (LSD) | Any detectable level |
| 3 | Psilocybin (MUSHROOMS OR SHROOMS) | Any detectable level |
| 4 | Psilocin (COUSIN TO PSILOCYBIN) | Any detectable level |
| 5 | Phencyclidine (PCP) | Any detectable level |
| 6 | 6-Monoacetylmorphine | Any detectable level |
| 7 | Ketamine | Any detectable level |
| 8 | Cocaine | Any detectable level |
| 9 | Gamma hydroxybutyrate (GHB) | 5 mg/L of blood |
| 10 | Methamphetamine (meth) | Any detectable level |
There are other new offences for even lower levels of THC either alone or in conjunction with alcohol.
