The Honourable Member for Oakville North- Burlington.
Thank you Madam Speaker, I am pleased to rise today to speak to Bill C-46, legislation that
I know is important to the residents and law enforcement officers in Oakville North—Burlington
and across Canada.
Impaired driving is a serious crime that kills and injures thousands of Canadians every year.
In 2015, there were more than 72,000 impaired-driving incidents reported by the police, including
almost 3,000 drug-impaired driving incidents.
Impaired driving is the leading criminal cause of death and injury in Canada, and drug-impaired
driving is increasing in frequency.
Bill C-46 aims to address this serious issue and proposes to create new and stronger laws
to punish more severely those who drive while impaired by drugs or alcohol.
When I met with Halton police chief Stephen Tanner, we discussed the need for law enforcement
to have more tools to better enforce impaired driving.
Madam Speaker, today I would like to focus my remarks on the penalties proposed in Bill
C-46.
The bill would overhaul the penalty provisions to ensure there is coherence and rationality.
The proposals include some higher maximum penalties, hybridization of bodily harm offences,
and some new mandatory minimum fines.
No new or higher mandatory minimum penalties of imprisonment are being proposed.
Bill C-46 would raise the maximum penalties for impaired driving where there is no death
or injury.
In cases in which the prosecution proceeds by the less serious summary conviction procedure,
the maximum period of imprisonment would be increased from the current 18 months to two
years less a day.
When the prosecution chooses to proceed by the more serious indictable procedure, the
maximum period of imprisonment would increase from the current five years to 10 years.
This new 10-year maximum would permit the prosecution, in appropriate circumstances,
to make a dangerous offender application.
These changes send a clear message concerning the seriousness of impaired driving.
The dangerous driving causing death offence currently has a 14-year maximum period of
imprisonment.
Bill C-46 would raise this to a maximum of life imprisonment, which is currently the
maximum penalty for all other similar offences resulting in death.
With the increase of the dangerous driving causing death maximum penalty, there would
no longer be a need for the prosecution to pursue separate offences in order to allow
for a maximum penalty of life imprisonment.
Bill C-46 proposes changes that would merge the offence of impaired driving causing bodily
harm with the offence of dangerous driving causing bodily harm with the offence of dangerous
driving causing bodily harm.
Currently, the offence is a straight indictable offence, which means that the prosecution
must treat all cases the same, even those involving less serious bodily harm, for example
a broken arm.
Bill C-46 proposes a maximum penalty on a summary conviction procedure of two years
less a day, and on indictment it would increase from 10 years of imprisonment to 14 years.
This is important, given that the vast majority of alcohol-impaired driving sentences cases
involve no death or injury.
This change would therefore give the prosecution greater flexibility, and this additional discretion
may promote efficiencies in our criminal justice system by reducing the time to process cases
involving minor or no injuries.
Under Bill C-46, the existing mandatory minimum fine of $1,000 for alcohol- and drug-impaired
driving offences would apply to a number of hybrid offences, including driving while impaired
by alcohol or a drug, driving while over a drug's legal limit, and driving with a drug-plus-alcohol
blood concentration in excess of the legal limits.
Bill C-46 would also create a new mandatory minimum fine of $1,500 for a first offence
of driving with a blood alcohol concentration over 120 milligrams.
In addition, it would create a new mandatory minimum fine of $2,000 for driving with a
blood alcohol concentration over 160 milligrams.
The higher mandatory minimum fine penalties for a first offence will reflect the increased
crash risk that is associated with higher blood alcohol concentrations.
Bill C-46 would also create a new mandatory minimum fine of $2,000 for a first offence
of refusing a valid police demand for a breath sample, a blood sample, a urine sample, an
oral fluid sample, a standard field sobriety test, or testing in a drug evaluation.
This is important to ensure compliance with demands.
Otherwise, first-offence drivers with a higher blood alcohol concentration could simply refuse
to give a sample in order to evade the higher mandatory minimum fines.
For repeat offenders, having a high blood alcohol concentration would be an aggravating
factor to be considered upon sentencing.
The mandatory minimum penalty for a second offence would remain as it currently stands
in the Criminal Code at 30 days' imprisonment, and for each subsequent offence it would remain
at 120 days' imprisonment.
Bill C-46 does not propose any new or higher mandatory minimum penalties of imprisonment
for the Criminal Code's transportation offences, including drug-impaired driving and alcohol-impaired
driving.
With respect to impaired driving causing death cases, I understand that provincial courts
already typically impose or uphold penalties that are well above the existing mandatory
minimum penalties and are in the range of at least three to four years, if not higher.
Bill C-46 does not propose a mandatory minimum penalty that exceeds the current sentencing
range, because this is not necessary to ensure appropriate sentences and does not work as
a deterrent.
Indeed, the organization Mothers Against Drunk Driving Canada, which is based in my community
of Oakville, is opposed to mandatory minimum penalties for these offences, citing charter
concerns in certain circumstances, but also pointing out that mandatory minimums can have
a downward pull on sentences.
They explained that they become an inappropriate cap where longer sentences might be appropriate.
The better route is to leave sentencing discretion to the trial and appellate courts.
I had the pleasure of meeting with MADD Canada's CEO, Andrew Murie, recently in my riding.
In addition to his comments on mandatory minimums, he expressed his organization's confidence
in our justice department and commented that he was pleased with the consultations that
had taken place with their organization on this subject.
He also expressed his thanks to our government, noting that we have such a deep understanding
of the issue and are prepared to take a comprehensive approach to addressing it.
I will now turn to the subject of prohibitions and ignition interlock devices.
Currently, where there is no injury or death on a first offence, the sentencing court must
impose a mandatory minimum prohibition against driving anywhere in Canada for a period of
one year.
On a second offence, the penalty is a period of two years, and for a subsequent offence,
the minimum driving prohibition is for a period of three years.
Bill C-46 also reduces the current waiting period before which the offender may drive
when using an ignition interlock device.
On a first offence, the waiting period to use an ignition interlock device would be
reduced from the current three months to no waiting time.
On a second offence, the waiting period to use an ignition interlock device would be
reduced from the current six months to three months, and on a subsequent offence, the waiting
period to use an ignition interlock device would be reduced from the current 12 months
to six months.
These amendments would reflect the fact that ignition interlock device programs help to
prevent recidivism.
Currently, the Criminal Code has a provision by which an impaired driving offender may
be given a conditional discharge on the condition that he or she attend a program of curative
treatment.
This curative treatment discharge provision has not yet been proclaimed into force in
Ontario, Quebec, British Columbia, and Newfoundland and Labrador.
Bill C-46 would replace this provision with one that allows the defence to apply, with
the consent of the prosecution, for a delay of the sentencing hearing in order for the
offender to attend a provincially approved treatment program.
If the offender successfully completes the program, the sentencing court would not be
obliged to impose the mandatory minimum penalty or the mandatory period of prohibition against
driving anywhere in Canada.
Madam Speaker I am pleased to support Bill C-46.
I respectfully ask my colleagues on all sides of the House to support this important piece
of legislation that would make our communities safer for everyone.
Thank you Madam Speaker.
Questions and Comments.
Sadly, Madam Speaker, visible minorities are often targeted for arrest and subjected to
accusations.
What measures will the government implement to ensure that Canadians who are victims of
racial profiling will not be disproportionately targeted for mandatory alcohol screening?
The Honourable Member for Oakville North- Burlington.
Thank you Madam Speaker and I'd like to thank the Honourable Member for her very important
question.
In drafting this new legislative power, the government did consider the potential for
racial profiling.
We strongly oppose such behaviour in any circumstance.
Mandatory alcohol screening is being proposed to keep all Canadians safe.
It would not give police any additional powers that the police do not already have under
common and provincial law to stop drivers at random to determine their sobriety.
Mandatory screening doesn't alter the responsibility of local forces toward training and oversight
of their own officers to ensure that they are appropriately applying Canadian law and
upholding the Canadian Charter of Rights and Freedoms.
Comments.
The Honourable Member for Calgary Rocky Ridge.
Thank you Madam Speaker.
The implications of this bill include significant changes to policing at the local level.
We've heard from municipalities that have concerns about resources and about adapting
to new requirements that may be required, particularly with the prospect of having to
screen drivers for impairment due to cannabis.
I would like the member to comment on the implications of the bill on both provinces
and especially municipalities.
Honourable Member for Oakville North- Burlington.
Thank you Madam Speaker, and I appreciate the question from my Honourable Member.
As a former municipal councillor, I recognize there are limited costs within a municipality,
especially when it comes to policing, fire, and EMS.
With regard to this particular legislation, I know law enforcement agencies have been
asking for additional tools and are looking for ways to better keep their communities
safe.
This legislation has been rolled out to give law enforcement services the tools they have
asked for to keep communities safe when it comes to alcohol and drug-impaired driving.
Police forces already have options available to them to deal with drug-impaired driving.
Mandatory breath screening gives them an additional tool that they can use to keep our communities
safer.
I think that's something we can all agree that we would like to see.
Questions and comments.
Madam Speaker, I thank the member for her excellent speech.
Just as alcohol impaired driving is illegal, so is drug impaired driving.
However, over the past few years, there has been greater awareness regarding drunk driving.
When Canadians go out and plan to have a drink, they know they need to have a designated driver
or take a taxi to get home.
There is not the same level of awareness when it comes to drugs.
Bill C-46 gives police officers the tools to test drivers.
It also sends a very clear message that we have a zero tolerance policy when it comes
to drug impaired driving.
In the member's opinion, just how much would public awareness be raised as a result of
giving police officers additional tools and setting penalties that would enable prosecutors
to properly prosecute drug-impaired drivers?
The Honourable Member for Oakville North- Burlington has 53 seconds.
I'd like to thank the Honourable Member for his question and certainly just even having
this discussion has allowed the public to become far more aware about the dangers, particularly
with drug-impaired driving.
A number of people knew there were dangers with alcohol-impaired driving, but they did
not recognize they also should not drive a vehicle when they were under the influence
of drugs.
I think this legislation is already helping to raise awareness already.
In addition, I know the Department of Health, under the proposed legalization of cannabis,
is also embarking on an education campaign.
Thank you Madam Speaker.
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