April 19, 2007

The Right Honourable Stephen Harper
Prime Minister of Canada
Ottawa, Ontario

Dear Prime Minister,

Subject: Bill C-376 (slated for debate April 30)

Many Canadians do not realize that Canada has no national law covering all aspects of drinking and driving. Different levels of government have responsibility for different aspects of the problem. The federal Criminal Code, for example, addresses driving or care and control of a vehicle with a blood alcohol concentration, or BAC, exceeding 80 milligrams of alcohol in 100 millilitres of blood (80 mg%). Provincial and territorial highway traffic acts deal with lower-BAC drivers.

Canada does, however, have a national strategy. The Strategy to Reduce Impaired Driving (STRID) is a collaboration of federal, provincial and territorial governments as well as road safety organizations including the Canada Safety Council. STRID is an initiative of the Canadian Council of Motor Transport Administrators (CCMTA), which receives its mandate from the Council of Ministers Responsible for Transportation and Highway Safety. Since it began in 1990 under the Conservative government of the time, STRID has provided leadership for all jurisdictions in the fight against impaired driving.

All jurisdictions are united in the fight against drinking and driving. Specific sanctions for drinking drivers vary from one part of the country to another, but in all cases they are strict. The safety benefits have been impressive. According to the Traffic Injury Research Foundation, motor vehicle deaths on public roadways involving a drinking driver dropped from 1,296 in 1995 to 815 in 2004. While we still have a long way to go, a 37 percent decrease over 10 years shows progress is being made. During the same period, the U.S. saw no decrease in its impaired driving fatalities.

The Canada Safety Council is concerned that changes to the Criminal Code being proposed by your government may compromise this progress. Bill C-376 proposes a new summary conviction offence under the Criminal Code for drivers with blood alcohol level greater than 50 mg%, who are currently dealt with under provincial and territorial traffic codes.

We know the proposed changes are well-intentioned, but they ignore a well-established national strategy with widespread support. From a safety standpoint, we believe it would be counterproductive to take such a novel and unproven approach. There would certainly be unintended ripple effects.

Canada's impaired driving statistics indicate that the current strategy is working. We are aware of no evidence showing this new and dramatically different direction would be more effective than the measures now being pursued under STRID. The Canada Safety Council's position is that lower-BAC drivers are more effectively dealt with outside the Criminal Code.

The implementation issues are huge. For example:

• Criminal Code legislation must be able to stand up in court because there will inevitably be challenges.

• Canada's already-overburdened courts could be challenged to handle the increased case load generated by the new charges.

• If changes must be made to other parts of the criminal code to enable this approach will those changes affect other crimes?

• A new bureaucracy will need the resources to track offenders and make sure criminal records are erased after two offence-free years.

• Other countries will have to agree to honour the pardons.

• Police enforcement efforts will be slowed down because it takes hours longer to lay a criminal charge than to give a traffic violation or administrative suspension.

As the list goes on, the costs go up - money that would be better spent on enforcing and improving existing countermeasures.

In addition, by stepping unilaterally into this important area of provincial and territorial jurisdiction, the federal government could jeopardize the high level of co-operation that has characterized STRID. Provinces and territories are putting into place improved measures to address the problem of low-BAC drivers, programs this legislation could override. CCMTA, representing the provinces and territories, has published a position paper rejecting the use of the Criminal Code below 80 mg%.

In the interest of improving safety and the wise use of taxpayers' money, I urge you to seriously examine these concerns before proceeding.

Yours truly,

Jack Smith
President

Return to top of page

		Home > News > Hot Issues > Letters			Related Information
		April 19, 2007 The Right Honourable Stephen Harper Prime Minister of Canada Ottawa, Ontario Dear Prime Minister, Subject: Bill C-376 (slated for debate April 30) Many Canadians do not realize that Canada has no national law covering all aspects of drinking and driving. Different levels of government have responsibility for different aspects of the problem. The federal Criminal Code, for example, addresses driving or care and control of a vehicle with a blood alcohol concentration, or BAC, exceeding 80 milligrams of alcohol in 100 millilitres of blood (80 mg%). Provincial and territorial highway traffic acts deal with lower-BAC drivers. Canada does, however, have a national strategy. The Strategy to Reduce Impaired Driving (STRID) is a collaboration of federal, provincial and territorial governments as well as road safety organizations including the Canada Safety Council. STRID is an initiative of the Canadian Council of Motor Transport Administrators (CCMTA), which receives its mandate from the Council of Ministers Responsible for Transportation and Highway Safety. Since it began in 1990 under the Conservative government of the time, STRID has provided leadership for all jurisdictions in the fight against impaired driving. All jurisdictions are united in the fight against drinking and driving. Specific sanctions for drinking drivers vary from one part of the country to another, but in all cases they are strict. The safety benefits have been impressive. According to the Traffic Injury Research Foundation, motor vehicle deaths on public roadways involving a drinking driver dropped from 1,296 in 1995 to 815 in 2004. While we still have a long way to go, a 37 percent decrease over 10 years shows progress is being made. During the same period, the U.S. saw no decrease in its impaired driving fatalities. The Canada Safety Council is concerned that changes to the Criminal Code being proposed by your government may compromise this progress. Bill C-376 proposes a new summary conviction offence under the Criminal Code for drivers with blood alcohol level greater than 50 mg%, who are currently dealt with under provincial and territorial traffic codes. We know the proposed changes are well-intentioned, but they ignore a well-established national strategy with widespread support. From a safety standpoint, we believe it would be counterproductive to take such a novel and unproven approach. There would certainly be unintended ripple effects. Canada's impaired driving statistics indicate that the current strategy is working. We are aware of no evidence showing this new and dramatically different direction would be more effective than the measures now being pursued under STRID. The Canada Safety Council's position is that lower-BAC drivers are more effectively dealt with outside the Criminal Code. The implementation issues are huge. For example: • Criminal Code legislation must be able to stand up in court because there will inevitably be challenges. • Canada's already-overburdened courts could be challenged to handle the increased case load generated by the new charges. • If changes must be made to other parts of the criminal code to enable this approach will those changes affect other crimes? • A new bureaucracy will need the resources to track offenders and make sure criminal records are erased after two offence-free years. • Other countries will have to agree to honour the pardons. • Police enforcement efforts will be slowed down because it takes hours longer to lay a criminal charge than to give a traffic violation or administrative suspension. As the list goes on, the costs go up - money that would be better spent on enforcing and improving existing countermeasures. In addition, by stepping unilaterally into this important area of provincial and territorial jurisdiction, the federal government could jeopardize the high level of co-operation that has characterized STRID. Provinces and territories are putting into place improved measures to address the problem of low-BAC drivers, programs this legislation could override. CCMTA, representing the provinces and territories, has published a position paper rejecting the use of the Criminal Code below 80 mg%. In the interest of improving safety and the wise use of taxpayers' money, I urge you to seriously examine these concerns before proceeding. Yours truly, Jack Smith President Return to top of page