Minister MacKay introduces legislation to increase maximum penalties and new mandatory minimum penalties for impaired driving causing bodily harm or death
OTTAWA, ONTARIO--(Marketwired - June 16, 2015) - Department of Justice Canada
In support of the Government of Canada's commitment to protect Canadians, Peter MacKay, Minister of Justice and Attorney General of Canada today announced the introduction of the Dangerous and Impaired Driving Act, comprehensive legislation to reform all transportation related offences in the Criminal Code, including those that relate to impaired driving.
The reforms would crack down on those who drive while impaired and would modernize the Criminal Code provisions related to transportation offences. The proposed changes reflect the Government's commitment in the 2013 Speech from the Throne to ensure that Canada is a country where those who break the law are punished for their actions and where prison time matches the severity of crimes committed.
Quick Facts
Quotes
"Our Government is committed to keeping our streets and communities safe for Canadians and their families. I have heard countless times from many Canadians, about the trail of heartbreak and devastation that impaired drivers leave on victims, their families and loved ones. This senseless behaviour has to stop. With today's introduction, this Government is taking an important step to protect Canadians from impaired driving and other transportation offences. We are sending a strong signal to those who choose to drive impaired, that this behaviour is not only unacceptable but is also creating a serious risk to public safety and putting everyone on the road at risk. Those who break the law must face the consequences of their actions and not at the expense of the innocent lives of law-abiding Canadians."
- Peter MacKay, Minister of Justice and Attorney General of Canada
Over the course of the past few years, I have met with many families that have lost loved ones to impaired drivers. Those who choose to drive while impaired must face tough sentences that match the severity of their crimes. This proposed legislation announced today sets a place marker to enhance the public safety of all Canadians while keeping our streets and communities safe.
- James Rajotte, MP for Edmonton-Leduc
The Katherine Beaulieu Foundation commends the federal government for its commitment and determination. In its concern for the victims of the scourge of impaired driving - whether from alcohol or from drugs - the government is showing again today its effectiveness by tabling these stricter measures with the ultimate goal of protecting citizens.
- Lise Lebel, Fondation Katherine Beaulieu
The proposed legislation announced today by the Government of Canada, is a step in the right direction to usher a new era of responsibility on our roads. We trust it will make those who think they can drive while impaired to think twice, and decide not to take the risks they may have in the past, and instead, to plan ahead for a safe ride home. We trust this new proposed legislation will be implemented to improve the public's safety, so all Canadians will have faith again in the Justice system, and our roadways will be safer for all who travel them.
Markita Kaulius, Families for Justice
"As police services continuously face the issue of dangerous and impaired driving and the resulting victimization of innocent lives, the Canadian Association of Chiefs of Police welcome this Act. It will assist in closing the door to some of the most serious offenders and those who attempt to use loopholes in existing laws rather than accept responsibility for their actions. It modernizes and simplifies impaired driving laws and addresses a number of common occurrences police services must deal with: repeat offenders, failure to stop, refusing to comply with a valid demand to name a few. Ultimately it will assist our officers in our goal of having the safest roads in the world."
Chief Clive Weighill, President, Canadian Association of Chiefs of Police
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Backgrounder: Criminal Code Reforms for Transportation-Related Offences
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BACKGROUNDER
The Dangerous and Impaired Driving Act - Criminal Code Reforms for Transportation-Related Offences
The Minister of Justice has introduced legislation that would modernize all transportation related offences in the Criminal Code, harmonize and increase penalties including for repeat offenders, simplify proof of blood alcohol concentration, and address new issues following the 2012 decision by the Supreme Court of Canada in R. v. St-Onge Lamoureux.
Modernization
The various transportation related provisions of the Criminal Code have developed over many decades in response to specific incidents, scientific advances, and court decisions particularly relating to impaired driving. This piece-meal approach has resulted in some inconsistencies, such as how offenders are sentenced following conviction for impaired and dangerous driving.
There have been numerous amendments to transportation-related offences within the Criminal Code, most frequently in the area of impaired driving. While these reforms have strengthened measures to combat impaired driving, they have also added to the complexity of the Criminal Code which has affected the efficiency of investigation, prosecution, and sentencing.
The proposed legislation would amend all transportation-related provisions in the Criminal Code to resolve inconsistencies and increase certain penalties to reflect the seriousness of the conduct.
The proposed legislation would introduce a new Part of the Criminal Code that would restructure, simplify, and add new provisions related to transportation offences.
The Bill proposes three impaired driving offences:
And four other transportation-related offences:
Most of the offences would have corresponding aggravating offences of causing bodily harm or causing death.
The offence of driving with a BAC over 80 would be changed to having a BAC of 80 or more within two hours of driving. This would eliminate the bolus drinking defence and strictly limit the intervening drink defence.
Strengthened penalties
The proposed legislation would include a harmonized approach to penalties across all transportation-related offences in the Criminal Code.
It would include the following:
Response to R. v. St-Onge Lamoureux
Included in the legislation is a response to the impact of the Supreme Court of Canada's ruling in R. v. St-Onge Lamoureux. In that case, the court ruled that the accused must point to some evidence of approved instrument malfunction or operator error before a court could consider a "two-beer defence". However, the court suggested that evidence of malfunction could be found in the failure to follow recommended procedures for a breath test program including maintenance. The court's ruling has resulted in a wave of defence applications for disclosure of manuals and maintenance records and other documents relating to the maintenance of the approved instruments. These unintended consequences of the court's ruling have effectively increased court time for impaired driving cases. The proposed Bill would simplify establishing BAC and eliminate the need for expert evidence at trial. Most notably, the legislation would provide that blood alcohol evidence would be considered to be conclusively proven if proper breath test procedures are followed and that only scientifically-relevant information needs to be disclosed for a case of driving over the legal limit.
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