GOVERNMENT RESPONSE TO THE 21^ST REPORT OF THE STANDING COMMITTEE ON JUSTICE AND HUMAN RIGHTS

In October 1997, the House of Commons directed the Standing Committee on Justice and Human Rights to review the impaired driving provisions of the Criminal Code with a view to enhancing deterrence and ensuring that penalties reflect the seriousness of the crime. It also directed the Standing Committee to prepare a draft bill. The Standing Committee on Justice and Human Rights tabled its Twenty-first Report, entitled Toward Eliminating Impaired Driving, on May 25, 1999. It contained 17 recommendations. A draft bill appended to the Report reflected 9 of the 17 recommendations.

RECOMMENDATIONS PREVIOUSLY ADDRESSED

The following 8 recommendations, numbered as they appeared in the Report, have been reflected within Bill C-82, An Act to amend the Criminal Code (impaired driving), which was tabled on June 7, 1999 and given Royal Assent, as amended, on June 17, 1999, and proclaimed into force on July 1, 1999 as Statutes of Canada, 1999, c. 32:

Recommendation 2
Recommendation 3
Recommendation 6
Recommendation 7
Recommendation 8
Recommendation 9
Recommendation 10
Recommendation 11

Bill C-87, An Act to amend the Criminal Code (impaired driving causing death) was tabled on June 10, 1999 but died on the Order Paper with the prorogation of Parliament. The following recommendation was incorporated in Bill C-87:

Recommendation 4

This amendment is to be reintroduced in this Session of Parliament.

OUTSTANDING RECOMMENDATIONS

The Government Response to the remaining 8 recommendations is as follows:

Recommendation 1

The Committee recommends that the Minister of Justice consider the nature and frequency of the problem of motorists fleeing police investigations and the advisability of addressing the matter through the creation of new Criminal Code sanctions.

The Government of Canada accepts the recommendation and notes that the Minister of Justice is considering the problem of motorists who flee police investigations and the advisability of addressing the matter through Criminal Code amendments. Where flight from police amounts to dangerous driving or criminal negligence, existing provisions of the Criminal Code are used to prosecute such conduct. The Minister of Justice is considering the advisability of additional criminal law provisions.

Departmental officials have discussed the matter with delegates at the annual meeting of the Criminal Law Section of the Uniform Law Conference held in August 1999. Federal, provincial and territorial officials in justice ministries held a consultation on the issue in September 1999. Work on this issue will continue.

Recommendation 5

The Committee recommends that the Minister of Justice review the Criminal Code penalties for impaired driving causing bodily harm or death and criminal negligence causing bodily harm or death, in order to determine whether they should provide for mandatory minimum sentences.

The Minister of Justice has reviewed the penalties for impaired driving causing bodily harm, impaired driving causing death, criminal negligence causing bodily harm and criminal negligence causing death. The Minister does not recommend an amendment to the Criminal Code that would introduce minimum terms of imprisonment for these offences. It is preferable to allow the trial courts to examine the relevant circumstances of the offence and the offender during a sentencing hearing in order to fashion a fit and proper sentence.

Recommendation 12

The Committee recommends that section 256 of the Criminal Code be amended to allow a justice to authorize the taking of a blood sample for purposes of testing for the presence of alcohol or drugs, based on reasonable and probable grounds that an impaired driving offence has been committed, as a result of the consumption of alcohol or a drug.

The Government of Canada accepts this recommendation. Section 256 currently provides that a peace office may seek a warrant, by telecommunication, to obtain a blood sample from a driver who is unable to consent to the taking of blood where the officer has reasonable and probable grounds to believe that the driver committed a alcohol impaired driving offence involving a death or an injury in the previous four hours. The Minister of Justice will bring forward legislation reflecting the Standing Committee's recommendation.

Recommendation 13

The Committee recommends that the Minister of Justice consult with the provinces and territories to develop legislative proposals for obtaining better evidence against suspected drug-impaired drivers.

The Government of Canada accepts this recommendation, and the Minister of Justice has asked officials to seek the participation of interested provinces and territories on a working group that would consider possible ways to better obtain evidence in drug-involved driving cases.

Recommendation 14

The Committee recommends that the federal, provincial and territorial governments enhance their efforts to educate and inform Canadians of all measures taken to address impaired driving.

The Government of Canada is committed to working with provincial and territorial governments and interested stakeholders to educate and inform Canadians. In 1990, federal/provincial/territorial Ministers in Transport portfolios mandated the Canadian Council of Motor Transport Administrators to develop a five-year Strategy to Reduce Impaired Driving (STRID), which includes education and awareness as one of its core elements. This strategy was renewed for the period 1996-2001. Transport Canada participates in STRID. Health Canada, under Canada's Drug Strategy, continues to collaborate with provinces, territories and non-governmental organizations to develop and disseminate knowledge about impaired driving and identify best practices to address the problem. The Government of Canada will continue to develop and encourage, through initiatives such as STRID and Canada's Drug Strategy, measures to inform Canadians of countermeasures taken to address impaired driving.

Recommendation 15

The Committee recommends that a federal, provincial, territorial working group of justice experts be convened to consider the enforcement and prosecution aspects of impaired driving, and to determine whether Criminal Code amendments, additional to those contained in the report, are necessary or advisable.

The Government of Canada accepts this recommendation and the Minister of Justice has asked her officials to seek the participation of interested provinces and territories in a working group that would consider enforcement and prosecution aspects of criminal legislation on impaired driving.

Recommendation 16

The Committee recommends that the Minister of Justice review the overall availability of information relating to impaired driving in Canada and dedicate additional resources to more comprehensive research and policy development, in cooperation with the provinces and territories.

The Government of Canada is committed to continuing its cooperative work with the provinces and territories in the areas of research and policy development on impaired driving. Provinces and territories collect much of the data related to impaired driving prosecutions and related to road collisions. In addition, they operate programs related to health and road safety aspects of impaired driving. Therefore, partnerships with provinces and territories are very important.

Transport Canada has been involved in various studies of aspects of impaired driving and continues to participate on and provide funding for the Strategy to Reduce Impaired Driving. Health Canada has carried out several initiatives in the area of impaired driving, including evaluation of the Addictions Foundation of Manitoba's impaired drivers program, and has worked collaboratively with the Traffic Injury Research Foundation to examine the characteristics of high risk, repeat offenders. Health Canada also works with the private sector (hospitality and alcohol industries) to prevent impaired driving. Justice Canada regularly consults with provincial and territorial counterparts regarding criminal law issues and will continue to work cooperatively on criminal law policy matters related to impaired driving, notably on the matters that have been identified by the Standing Committee in various of its other recommendations. The Government will continue to consult with individuals and organizations involved in the battle against impaired driving. The Government of Canada remains committed to contributing to the combination of countermeasures needed to address the serious problem of impaired driving.

Recommendation 17

The Committee recommends that five years after the tabling of this report, the House of Commons review the operation of the impaired driving provisions of the Criminal Code.

This recommendation calls on the House of Commons to review the Criminal Code's impaired driving provisions. The Minister of Justice and her officials will be pleased to assist the House of Commons in any future review of the impaired driving provisions of the Criminal Code.