What is the test for impaired drivers in the context of impaired driving section of the Criminal Code?

British Columbia, Canada


The following excerpt is from Kumar v British Columbia (Attorney General), 2017 BCSC 803 (CanLII):

The purpose of the section is to deter individuals from driving when their ability to drive a motor vehicle is impaired by drugs. The focus is on the protection of society and the reduction of harm, rather than the individual rights of drivers: Rhys v. British Columbia (Superintendent of Motor Vehicles), [2005] B.C.J. No. 856, at para. 37.

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