[7][8][9] The provisions of the act related to alcohol screening have been the subject of debate in the legal community.
Rob De Luca of the Canadian Civil Liberties Association argued in the Toronto Star that the change would be "a fundamental and troubling change in our legal system [...] the presumption of innocence is replaced with a presumption of guilt",[10] Kathryn Pentz of the Canadian Bar Association argued that it would violate section 8 of the Canadian Charter of Rights and Freedoms and "that it would not withstand constitutional challenge",[11] Senator Serge Joyal argued that it would violate section 9 and 10(b) of the Canadian Charter of Rights and Freedoms.
[15] Senators Murray Sinclair and Renée Dupuis raised concerns that the act would worsen racial profiling.
Sinclair suggested the use of body cameras and record keeping by officers, in order to better monitor police behaviour.
The concerns focus on the length of time THC stays in the body, possibly for days after use, which critics believe could lead to arrests of people who aren't impaired.