Toxicology Services Announcement

New Blood Drug Regulation Analysis Stream for Blood Samples from Impaired Driving by Drug and DRE Cases effective 2019-07-01

In order to better serve our clients, Toxicology Services has introduced a new service for drug analyses for impaired driving cases. The new service is targeted to the drugs listed in the Blood Drug Regulations that came into force with Bill C-46. Targeting a few drugs allows cases to be completed faster as fewer analyses are required than for a more comprehensive drug screening and confirmation. In addition, the work can be accomplished by a designated Analyst which then allows the prosecution the opportunity to avail themselves of certain evidentiary provisions of the Criminal Code. Previously, clients submitting samples that were taken at the end of a DRE evaluation did not have to submit any Toxicology Services check sheet in order to have their requests accepted. With the launch of the “Blood Drug Regulations Analysis” stream, all clients submitting a blood sample to be analysed for drugs in an impaired driving case must complete and submit the Toxicology Services Analysis Request Check Sheet – Impaired Driving Cases (blood samples) with their request. Key changes include:

1. A new drug analytical service targeting ‘per se’ and ‘zero tolerance’ drugs.

2. A new check sheet allowing the client to select which drug analytical service would best suit their needs.

3. Clients submitting blood samples that were taken at the end of a DRE evaluation must also complete and submit the Toxicology Services Analysis Request Check Sheet – Impaired Driving Cases (blood samples).

Brief Comparison of Service Options:

Per Se Drug Analysis (new option)

Coverage: Targeted analysis for 8 drugs listed in regulations

• Cannabis (THC)

• Methamphetamine

• Cocaine

• GHB (gamma hydroxybutyrate)

• Ketamine

• PCP (phencyclidine)

• 6-MAM (Heroin)

• LSD (lysergic acid diethylamide)

Benefits:

• Faster turnaround time.

• Conducted by designated Analysts.

• Certificate of Analyst provided.

• C.C. evidentiary provisions that can be applied by prosecution:

  • 320.32(1) C.C. – the issued Certificate of an Analyst can be entered into evidence without attendance of the analyst who issued it.

  • 320.31(2) C.C. – the results of an analysis made by an analyst is proof of the blood drug concentration.

• Less sample volume required.

• If no drugs are detected using the targeted approach, the client has the option of requesting a Regular Drug Analysis.

Best For:

• Cases where one or more of the above drugs are suspected as the main impairing drug.

• Cases using Approved Drug Screening Equipment –Oral Fluid.

• DRE cases where one of the above drugs is suspected and supports the ‘opinion’.

Cons:

• Limited to detection of the 8 drugs listed above.

• No information provided about the drugs detected or impaired driving.

Certificate of an Analyst: Yes

Report Content: List of drugs detected.

Standard Drug Analysis

Coverage: Broad drug screening and confirmation.

Benefits:

• A comprehensive drug analyses.

• Report contains information about the drugs detected and impaired driving.

Best For: Drugs other than the ‘per se’ drugs are suspected as the main impairing drug

Cons:

• Approximately 2-3 x longer turnaround times.

• More sample volume required

• No Certificate of an Analyst

• No benefit of sections 320.32(1) or 320.31(2) C.C.

Certificate of an Analyst: No

Report Content: List of drugs detected with brief description and toxicological interpretation.