In February 2008, Parliament enacted Bill C-2 thereby creating a new set of tools for the effective investigation and prosecution of drug-impaired driving. While the offence of impaired driving has existed for decades, prior to the enactment of Bill C-2, there was no compulsory statutory process to test for impairment by drugs. By enacting Bill C-2, Parliament created a science-based regime for the effective testing and determination of whether a driver’s ability to operate a motor vehicle was impaired by a drug.
Courts of Appeal have analyzed the 2008 amendments (R. v. Fogarty, 2015 NSCA 6, February 1, 2015 blog entry) but for the first time the Supreme Court of Canada has granted leave to appeal regarding a DRE case. Mr. Bingley was acquitted (twice, actually) at trial but the Crown's appeal was allowed and a new trial ordered (R. v. Bingley, 2014 ONSC 2432). Mr. Bingley's appeal of that ruling was dismissed (R. v. Bingley, 2015 ONCA 439, July 12, 2015 blog entry) but his application for leave to appeal to the Supreme Court of Canada has been granted (Bingley v. R., 2016 CanLII 3181 (SCC)).