Madam Speaker, I would like to thank the for introducing this bill in conjunction with Bill , the cannabis act.
It is good that this bill was brought forward for debate in the House before Bill , as robust laws against drug-impaired driving should be well in place before legislation occurs. The last thing we need with the legalization of cannabis is for people to start using the drug, thinking it is safe to drive a motor vehicle. In conjunction with this bill, a clear message needs to be sent to Canadians on the dangers of impaired driving.
In 2015, police reported 72,039 impaired driving incidents, representing a rate of 201 incidents per 100,000 of population. This is the lowest rate since data was collected on impaired driving in 1986. It represents a 65% drop, and 4% lower than what was reported in 2014.
In the same year, police reported 122 incidents causing death and 596 incidents causing bodily harm. That compares to 1986, when there were 196 and 1,581 of these incidents respectively. When the size of the population in those years is taken into consideration, these figures correspond to rate decreases of 55% and 73% respectively.
Over the past 30 years, all provinces have seen substantial decreases in their impaired driving rates. This is a good thing. However, it should be known that impaired driving is still one of the leading causes of criminal death in Canada. With one of the worst impaired driving records in the OECD, we certainly need a public awareness campaign that is effective and well-funded.
When this bill receives royal assent, part 1 will come into force immediately. It makes amendments to the current sections of the Criminal Code, from section 253 through to section 259, mostly to update them for drug-impaired driving. Drug-impaired driving has been a criminal offence since 1925, but in the wake of big changes coming to our drug laws, we they are in sore need of an update.
We need to keep drivers off the roads if they are impaired by drug use. We need to ensure that the drivers being stopped are actually impaired. The proposed plans are to use roadside oral screeners that are approved by the drugs and driving committee. These screener purport to be able to check THC in the body, which may or may not be directly connected to impairment.
Police officers could only demand that someone be subjected to these tests if they had a reasonable suspicion to believe the driver was impaired. This could be due to the driver weaving or swerving on the road. The driver might exhibit symptoms such as red eyes or smell strongly of marijuana.
The test takes about 10 minutes to administer and will give a reading of whether THC, the active ingredient in marijuana, is in the body. The bill does not have clear limits on how much marijuana in saliva qualifies as impairment. It is very important we have a science-backed initiative that stops impaired drivers in their tracks.
The government has offered some recommendations for new penalties for the amounts of THC in the body. The first offence is a summary conviction for drivers with low levels of drugs in their body. The current proposed limit, which will be set by regulation, would be two nanograms of THC. The second offence for higher amounts would come in with a per se limit of five nanograms. The third offence would be for having high levels of drugs and alcohol in the body.
It is clear that drivers who test positive for both agents have greater odds of making an error than drivers positive for either alcohol or cannabis alone.
Part 2 of the bill will come into force 180 days after it receives royal assent, and it will completely rewrite the Criminal Code on impaired driving and include updates to drug-impaired driving that I just mentioned. Part 1, would amend the existing sections of the Code to provide for a transition period for provincial governments and police services. However, after 180 days, part 2 would effectively repeal everything from section 249 to section 261 and add an entirely new series of sections after section 320.1. Of note, there are significant changes to the penalties for impaired driving.
The penalty for dangerous driving causing death will be increased to life imprisonment, which is up from the current 14 year penalty. Strong penalties are imperative when it comes to impaired driving, because the taking of someone's life while driving impaired is the result of a conscious decision and it must be treated with the same severity as a homicide.
Our approach in the NDP has not just been about more penalties for this offence. We want to seek ways to educate and deter the behaviour in the first place. For that reason, we will be looking for the government to take the lead on a public awareness campaign that promotes deterrence before anyone gets behind the wheel. The statistics show that a decline has been occurring in alcohol-related incidents, so this has been working in previous efforts.
One of the major changes to this legislation comes from the removal of the need for reasonable suspicion to administer an approved screening device.
Currently, the police need reasonable grounds for suspicion to demand a breath sample, as per subsection 254(2). Police can develop a reasonable suspicion by seeing a car swerving, by the smell on a driver, or if a driver has admitted to having drink or has slurred speech. These allow the police to form a reasonable suspicion to demand a breath sample. It is currently a very important part of our laws. The section to be amended does have some constitutional considerations.
The government has stated that an estimated 50% of people who are stopped and are over the legal limit are able to pass through current detection methods. It is indeed one of the reasons it has given for removing the need to have reasonable suspicion to check for a breath sample.
Many civil liberties groups have raised concerns about this change. They are concerned that certain visible minority groups could be disproportionately targeted, and concerns about this are justified. We need look no further than the experience of police street checks in Toronto, known as carding. While black residents in Toronto made up just 8.3% of the population, they accounted for 25% of the cards the police wrote from 2008 to mid-2011.
What would happen if we applied these statistics to random breath tests? Say that visible minorities made up 8.3% of the driving population that was pulled over in a lawful traffic stop, but they accounted for 25% of the demanded breath samples by police. This underlines some of the dangers we can face when we allow police to have that discretionary power, and it is a point that needs to be examined in detail.
Random and mandatory breath tests for alcohol screening could be challenged under section 8 of the Charter of Rights and Freedoms, which provides the right to be secure against unreasonable search or seizure. It could also be challenged under section 9, which is the right not to be arbitrarily detained or imprisoned.
The government has assured the House that the invasion of privacy would be minimal in the case of a roadside test in which police officers already have the right to demand several types of information from drivers. The Department of Justice has said:
|| The information revealed from a breath sample is, like the production of a drivers licence, simply information about whether a driver is complying with one of the conditions imposed in the highly regulated context of driving.
Warrantless roadside breathalyzer tests raise constitutional concerns. They can only be saved by section 1 of the charter by weighing the infringement against the public good served by fighting drunk driving and by the officer's assurance that he or she has reasonable grounds to suspect a crime has occurred. Many in the legal community have noted that if the law is changed to remove this constitutional safeguard, the reasonable grounds for suspicion, then it can no longer be saved by section 1.
Section 1 provides for reasonable limits to the rights in the charter only if they can be demonstrably justified in a free and democratic society.
For a section 1 analysis, the Oakes case of the Supreme Court provides a good backdrop. It states that the measures adopted must be carefully designed to achieve the objective in question. They must not be arbitrary, unfair or based on irrational considerations. In short, they must be rationally connected to the objective. The means, even if rationally connected to the objective in this first sense, should impair as little as possible the right or freedom in question.
In the Ladouceur decision, the Supreme Court wrestled with the issue of random stops of civilian vehicles by police. The minority opinion stated there were serious implications with such a power. It stated that the decision of a police officer may be based on any whim, that some may tend to stop younger drivers, older cars, and so on, and racial considerations could be a factor. It is indeed a thorny issue and it is not easily settled after a few hours of debate.
One of the great constitutional experts of Canada, Professor Peter Hogg, has mentioned in the past that random breath testing would infringe charter rights, but the benefit of public safety from reducing crashes and deaths would be so strong that it would be upheld in court. It would, in other words, be a reasonable limit on constitutional rights and freedoms. He wrote at the time, “The invasion of the driver's privacy is minor and transitory and not much different from existing obligations to provide evidence of licensing, ownership, and insurance.”
It should be noted that Professor Hogg was referring to random stops, such as a checkpoint. This is a scenario where every driver passing through is subject to random breath testing, so there is no room for discriminatory practice. With the way Bill is written, it would allow for a police officer to have all of the control in deciding when to pull out an approved testing device that is on his or her person and make a demand for a breath sample.
The British Columbia Civil Liberties Association has said in the past about mandatory breath testing, “Giving police power to act on a whim is not something we want in an open democratic society.”
A former Liberal health minister stated in the past, “We want to make sure that areas are not unnecessarily excessively focused on and that's why I think that we need to make sure that the legislation is properly drafted with appropriate constraints and guidelines for the police.”
We need to bring civil liberties experts to the justice committee so that we can study this in-depth. Canadians have rights and freedoms that need to be protected, so to take them away must be met with the utmost scrutiny. I do look forward to getting this legislation to committee to do just that.
We also need Canadians to be aware that drug-impaired driving is a dangerous act and is illegal. This campaign must increase the knowledge that there is a range of health, social, and legal consequences. Drug-impaired drivers are a danger to themselves and to others on the road. The use of cannabis before driving can cause slower reaction times which increase the risk of being involved in a crash that could result in injury or death. Attempts to compensate may be at the expense of vehicle control, including reaction time, reflecting deficits in the ability to allocate attention. Social strategies need to be developed, like designated driver programs when there may be alcohol or cannabis present.
The incidence of driving after cannabis use, particularly among young Canadians, may be attributable in part to the fact that they do not necessarily perceive their driving ability to be adversely affected. After alcohol, cannabis is one of the most commonly detected substances among drivers arrested for impaired driving. We have to create a culture that does not accept the use of cannabis and the operation of a motor vehicle.
Impaired driving is one of the most litigated sections of the Criminal Code. This stress on our justice system needs to be seen in the context of the Jordan decision. One of the benefits of removing the criminalization of cannabis eventually when we get to it is that judges and the justice system would have more time to deal with more serious offences.
It is unfortunate that the Liberals have refused to move on decriminalization of marijuana as an interim measure, because we believe the current laws unfairly target youth and racialize Canadians for simple possession.
There is a crisis in our justice system as we speak. The government is trying to move ahead, but we believe that this interim measure could have been a very effective one. We certainly need to see more crown prosecutors, judges, more courtrooms and support staff to run an effective justice system that Canadians can have confidence in.
I want to talk a bit about the difficulty in checking for impairment, because when it comes to checking for impairment from cannabis, it looks like there is still a lot of work to be done.
The detection and assessment of cannabis use among drivers is considerably more complex than for alcohol, and we do not want to be arresting people who are not actually impaired. There are drug recognition experts in Canada that undergo training to ensure they can see impairment. Unfortunately, we only have about 600 of these officers, and we will probably need at least 2,000 new trained officers to meet the demand to combat this problem. It is unclear how much THC it takes to impair a driver, according to the Canadian Centre on Substance Use and Addiction.
The Canadian Bar Association's official periodical, CBA National, published an article last month titled “Will the new roadside testing rules pass a Charter challenge?” The article noted that the science behind saliva tests for THC remains far from perfect and that Canadians may be subjected to questionable scientific schemes and subjective police arbiters on impairment, which will put their liberty at stake.
Peak levels of THC depend on how it enters the body. It is different for when a person ingests it or inhales it, so these can mean varying times on when a person is impaired and how long it lasts.
There is also the question of people who smoke marijuana maybe once a week or once a month versus habitual users who may have the THC stay in their body for far longer. In other words, regular users of marijuana are continually drug affected, so the regular users of marijuana must realize that THC is generally more detectable in their systems than in the bodies of periodic or episodic users of marijuana.
The Criminal Defence Lawyers Association of Manitoba has stated that the saliva test does not really tell us a lot, because the effects of marijuana can stay in the system for up to 30 days, which is far longer than alcohol.
This legislation measures marijuana by using nanograms in the blood, which is an imperfect measure because users metabolize the drug differently. One person may be substantially impaired after a relatively small amount of marijuana, while someone else may be only moderately impaired after the same dose. The Canadian Medical Association has states, “A clear and reliable process for identifying, testing and imposing consequences on individuals who use marijuana and drive absolutely needs to be in place nationally prior to legalization.”
The national coordinator of the DRE program in the RCMP has stated that toxicology tests indicate that a drug has been consumed, but unlike a breathalyzer, they do not indicate how long ago the drug was consumed. The devices are also very expensive, so we want to ensure that they do what we need them to do. There is also the cost. It has been reported that the saliva tests can cost between $20 and $40, compared to the few cents a breathalyzer test costs. Obviously, in rolling out this legislation, the government is going to have to budget adequate resources not only for officers but also for sampling devices, to ensure we have confidence in the system and the law is being upheld.
As I move on to my conclusion, I want to note that there was a recent Nanos survey conducted between April 29 and May 5, which reached 1,000 Canadians and was considered accurate within 3.1% 19 times out of 20. It found that only 44% of respondents supported or somewhat supported the proposals contained in Bill , while 55% were opposed or somewhat opposed. I only mention this to the government to highlight that it clearly has some work to do in convincing Canadians that these increased police powers are needed.
We know that countries like Australia, New Zealand, and Ireland which have instituted measures such as mandatory alcohol testing and random breath testing have all seen a substantial reduction in alcohol-related accidents and deaths, so this is definitely something Parliament will need to consider with the bill.
The NDP supports any bill in principle that is aimed at stopping impaired driving, but we need to focus on smart deterrents to actually prevent these tragedies. We need a robust public awareness campaign before legalization comes into effect. With it being the leading cause of criminal death in Canada, and the fact that we have one of the worst impaired driving records in the OECD, these campaigns are very important.
I will want to know how this public campaign will be rolled out. I worry about the reliability of machines checking for impairment from THC. I am very interested in hearing from civil liberties groups and the legal community on removing the reasonable suspicion requirement for breath samples. There are still many questions that we have, and I look forward to getting this legislation to committee.
Madam Speaker, I am very pleased to have the opportunity to rise in the House to join in the second reading debate on Bill .
I am proud to speak in support of this proposed legislation. If passed, our government is convinced that Bill will reduce the number of deaths and injuries caused by impaired drivers. Our roads and highways will be safer for our efforts.
The bill proposes to address both alcohol- and drug-impaired driving, but I intend to focus my remarks primarily on the elements that address drug-impaired driving.
Before I outline the proposals in Bill , I would like to emphasize that driving while impaired by a drug is currently a criminal offence in Canada, and has been since 1925. Members should rest assured that if someone drives while impaired by drugs today, he or she will be prosecuted to the fullest extent of the law. Bill seeks to build on the existing offence by authorizing new tools and by creating new offences to make Canada one of the world's leaders in the fight against impaired driving.
To enforce the existing offence of driving while impaired by drugs, the Criminal Code currently authorizes the police to conduct standardized field sobriety tests at the roadside. These tests can include asking a driver to walk a straight line, balance on one leg, and a number of other tests of physical and motor skills. The Criminal Code also authorizes more sophisticated drug recognition evaluations at the police station, by highly trained drug recognition evaluators, once the police officer has reasonable grounds to believe, based on roadside tests or otherwise, that the driver is impaired.
The drug recognition evaluation consists of a 12-step protocol to determine whether the driver is impaired by a drug. It includes testing such things as balance, pupil size, and blood pressure. These tools have been effective since their legislative introduction in 2008 and have led to an increase in the detection of drug-impaired drivers across our country, yet despite these measures, drug-impaired driving on our roads continues to increase. Clearly, more needs to be done in advance of our proposed legislation and the strict regulation of cannabis.
My colleagues have also mentioned the need for training more drug recognition experts. Our government has, on many occasions, re-emphasized its commitment to ensuring that a drug recognition training program is available and acceptable to all Canadian police services so that we can make sure there are adequately trained experts to conduct these tests.
I am pleased to outline the proposals in Bill that aim to address drug-impaired driving by building on the existing legal framework and by proposing new tools and offences to create a strong impaired-driving regime.
Bill proposes to provide law enforcement with the authority to demand that a driver provide an oral fluid sample at the roadside to be analyzed by a roadside oral fluid drug screener if an officer has a reasonable suspicion that a driver has drugs in his or her body. Reasonable suspicion is a well-understood standard in criminal law and can be developed through a number of observations, including such things as red eyes, muscle termors, abnormal speech patterns, and of course, the smell of cannabis.
These oral fluid drug screeners would detect the presence of a drug in a driver's oral fluid, and they would provide the officers with information that could be used to develop reasonable and probable grounds to believe that an impaired-driving offence had occurred. Once officers had reasonable and probable grounds to believe that the offence had occurred, they would then have the authority to demand a sample of blood from the driver, and as well, to bring them before a drug recognition expert for evaluation.
The oral fluid drug screener would detect THC, cocaine, and methamphetamine. In the future, more drugs will be able to be detected by these oral fluid drug screeners as the technology evolves.
Madam Speaker, I forgot to mentioned earlier that I will be splitting my time with the member for .
In addition to authorizing these additional tools for police, the bill proposes three new criminal offences for being over the prescribed legal drug limit within two hours of driving. These offences would be proven through a blood sample and would relieve the crown of the burden of proving that the driver was impaired. It would be enough to prove that the driver had an illegal level of drugs in his or her blood.
The first offence would be a straight summary conviction offence. The second and third offences would be hybrid offences: the second one would apply to drugs alone, while the third would apply to drugs when used in combination with alcohol.
Members may have noticed that although the proposed offences are in the bill, the actual prohibited drug levels are not. This is because the drug levels are to be set by regulation, which comes into force at the same time, or close to the same time, as the proposed offences.
Setting the prohibited levels in the regulations is the responsibility of the , who has the ability to revise the regulations more quickly and efficiently in response to scientific developments. This is the approach currently taken in setting prohibited drug levels in the United Kingdom, and I believe it is the wisest course of action.
Other impairing drugs would be included in the regulations, but I would like to focus on the proposed levels for tetrahydrocannabinol, the primary impairing component of cannabis. For the straight summary conviction offence, the proposed level for THC would be between two and five nanograms of THC per millilitre of blood. The proposed penalty for this offence is a maximum fine of $1,000 and a discretionary prohibition on driving for up to one year.
The proposed level of THC for the drug-alone hybrid offence would be over five nanograms of THC per millilitre of blood, and for the hybrid offence addressing drugs when used in combination with alcohol, the proposed levels would be 2.5 nanograms of THC per millilitre of blood in combination with 50 milligrams of alcohol per 100 millilitres of blood.
The penalties for these two new hybrid offences would be the same as for alcohol-impaired driving, and they would include a mandatory minimum penalty of $1,000 on a first offence, 30 days' imprisonment on a second offence, and 120 days' imprisonment on a third or subsequent offence.
One final element of the proposed offences I would like to address concerns the time frame in which the proposed legal limit offence could be committed. Members may have noticed that the offence is worded to capture drivers with a prohibited level of drug in their blood within two hours of driving, and not at the time of driving.
This proposed formulation reflects a number of significant policy goals. First, unlike with alcohol, it is not possible to determine or back-calculate from a blood sample what a driver's blood drug concentration would have been at the time of driving. This is why the within-two-hours framework is necessary. It further addresses the concern of people trying to obstruct the testing process by consuming drugs after driving and then claiming that this post-driving consumption was responsible for the illegal drug level.
I would like to conclude my remarks by addressing a few of the more common questions I have heard over the past few weeks concerning this bill since its introduction.
People have been asking, “How much can I smoke before I can drive, and how long after I smoke do I need to wait before it is safe to drive?” I understand these questions, because for years, we have been able to provide general guidance to drivers with respect to alcohol consumption.
There is a significant scientific consensus that consuming cannabis impairs the ability to drive. The proposed prescribed THC levels are based on the advice of the Drugs and Driving Committee of the Canadian Society of Forensic Science. This committee provides scientific advice to the on issues related to drug-impaired driving.
Let me be perfectly clear. The safest approach for people who choose to consume cannabis is to not mix their consumption with driving. Driving is a privilege, not a right. If Canadians choose to consume cannabis, they must do so in a socially responsible way by not risking the lives of their fellow Canadians, to say nothing of their own.
I would also take this opportunity to point out what was already referenced by the member in his speech regarding the remarks of eminently respected constitutional scholar Prof. Peter Hogg, in which he articulates his belief that the measures proposed in this legislation are constitutionally valid, constitutional validity being determined under section 1 of the charter as a reasonable suspicion and passing the elements of the Oakes test.
Finally, I wish to strongly support the proposals in Bill . I would like to encourage all members to support this bill and work towards the common goal of reducing deaths and injuries on our roads and highways as quickly as possible.
I spent more than four decades of my adult life dealing with this critical issue. I have seen far too many people lose their lives, far too injuries, and far too much trauma and tragedy in our communities for this to continue to persist. We have a responsibility to act, and I believe that the provisions of Bill are the right steps forward.
I encourage all members of this House to support this bill.
Madam Speaker, I am pleased to rise today to speak to Bill , 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 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 deal with impaired driving.
Today I would like to focus my remarks on the penalties proposed in Bill . 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 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 a 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 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 proposes changes that would merge the offence of impaired 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, such as a broken arm.
Bill 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 are in cases that 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 , 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 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 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 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 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. The organization 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 his 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 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 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.
I am pleased to support Bill . 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