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Impaired Driving Act

An Act to amend the Criminal Code (offences in relation to conveyances) and the Criminal Records Act and to make consequential amendments to other Acts

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Steven Blaney  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Dead, as of May 3, 2017
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the provisions of the Criminal Code that govern offences in relation to conveyances. The amendments, among other things,
(a) harmonize the prohibitions and penalties for offences in relation to the operation of conveyances;
(b) increase the penalties for repeat offences in relation to the operation of conveyances;
(c)  modernize the procedures for determining whether a person’s ability to operate a conveyance is impaired by a drug, and for analyzing breath samples to determine a person’s blood alcohol concentration;
(d) provide for rules governing the disclosure of information with respect to the results of analyzing breath samples; and
(e)  recognize that evaluating officers are experts in determining whether a person’s ability to operate a conveyance is impaired by a drug.
The enactment also amends the Criminal Records Act to remove the offences of impaired driving and failure or refusal to comply with a demand as exceptions to the offences that result in a record suspension ceasing to have effect.
Finally, the enactment makes consequential amendments to those Acts and to other Acts.

Similar bills

C-73 (41st Parliament, 2nd session) Dangerous and Impaired Driving Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-226s:

C-226 (2022) Law National Strategy Respecting Environmental Racism and Environmental Justice Act
C-226 (2020) An Act to amend the Canadian Multiculturalism Act (non-application in Quebec)
C-226 (2020) An Act to amend the Canadian Multiculturalism Act (non-application in Quebec)
C-226 (2013) An Act to change the name of the electoral district of New Westminster — Coquitlam

Votes

May 3, 2017 Passed That the Eighth Report of the Standing Committee on Public Safety and National Security (recommendation not to proceed further with Bill C-226, An Act to amend the Criminal Code (offences in relation to conveyances) and the Criminal Records Act and to make consequential amendments to other Acts), presented on Thursday, March 9, 2017, be concurred in.

Impaired DrivingPetitionsRoutine Proceedings

September 27th, 2016 / 10:10 a.m.


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Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, I have a lot of respect for my friend and colleague from British Columbia, the member for Langley—Aldergrove.

The member for beautiful Langley, as he likes to call it, has made me discover Families for Justice, a group of Canadians who have had a loved one killed by an impaired driver. They believe that Canada's impaired driving laws are much too lenient. They want the crime to be called what it is, vehicular homicide. It is the number one cause of criminal death in Canada. More than 1,200 Canadians are killed every year by a drunk driver.

Canadians are calling for mandatory sentencing for vehicular homicide and for this Parliament to support Bill C-226, the impaired driving act, which is now in committee.

Impaired DrivingPetitionsRoutine Proceedings

June 16th, 2016 / 10:30 a.m.


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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, today I am presenting a petition that arises out of the death of 22-year-old Kassandra Kaulius, who was killed by a drunk driver, and all the other Canadians, including many in my riding of Richmond—Arthabaska, who have suffered the same fate. A group of families who have lost a loved one to impaired driving, called Families for Justice, believes that our impaired driving laws are too lax. It is calling for mandatory sentences in such cases and wants those offences to be recognized for what they are: vehicular homicide. Impaired driving continues to be the leading criminal cause of death in Canada. Over 1,200 Canadians are killed every year by a drunk driver. Canadians want mandatory sentences for vehicular homicide and are calling on the House to pass Bill C-226, the impaired driving act.

Impaired DrivingPetitionsRoutine Proceedings

June 1st, 2016 / 3:20 p.m.


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Conservative

Mark Warawa Conservative Langley—Aldergrove, BC

Mr. Speaker, the second petition comes from Families For Justice, as a group of Canadians, who have lost loved ones to an impaired driver. They believe that Canada's impaired driving laws are much too lenient, and they want the crime to be called vehicular homicide.

The petitioner call on Parliament to support Bill C-226, driving impaired act; and Bill C-247, Kassandra's law.

Criminal CodePrivate Members' Business

May 3rd, 2016 / 5:50 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, it is a privilege to rise to speak to Bill C-247.

At the outset, let me congratulate the member for Mississauga—Streetsville for his impassioned speech. While I will not be able to support the bill for reasons that I will explain momentarily, I do want to acknowledge that this legislation is well-intentioned and that the objectives of the hon. member are noble.

Impaired driving is the leading cause of criminal death in Canada. In 2016, that is simply unacceptable. However, that being said, it is important to acknowledge that over the last several decades, Canada has come a long way to combatting impaired driving. Indeed, over the last two decades, the percentage of motor vehicle deaths involving impaired drivers has decreased. In some year-to-year comparisons, there have perhaps been increases, but the trend line is clear and they are going down. While that is not a reason to celebrate, it is evidence that the combination of public awareness, policing efforts, and legislative changes over the last several decades are having a positive effect.

Nonetheless, there continues to be people who drink, drive, and cause carnage on our roads. These are people like Johnathan Pratt. He was someone who, in 2011, killed three young men outside of Beaumont, Alberta. Pratt was more than three times over the legal limit, driving 199 kilometres an hour down a highway when he rammed into a vehicle occupied by the young men, effectively crushing them to death.

Then there is Roger Walsh, someone who killed a wheelchair-bound woman while he was impaired and behind the wheel. This was Walsh's nineteenth conviction for impaired driving.

The vast majority of Canadians understand that impaired driving is dangerous, that it is illegal, and most importantly that it is wrong. The vast majority of Canadians not only understand those facts, but are heeding the message and choosing not to get behind the wheel while impaired.

However, there are some who continue to do so. There is no one profile of an impaired driver. There are many instances of people who rarely drive impaired, or perhaps someone decides to do so one fateful night and in turn causes injury or death on the road. However, a big part of the problem in terms of those who are causing carnage on our roads is that they are regular, repeat, hard-core drunk drivers.

The question that we must ask as parliamentarians is, how do we deal with a relatively small number of people who are causing a disproportionate amount of grief, death, and injury on our roads? The answer is that we need to ensure that those types of offenders are held accountable to the fullest extent of the law. Unfortunately, some of the laws on the books today are simply not doing the job to the degree that they ought to.

That is why I was very pleased to see that my colleague, the hon. member for Bellechasse—Les Etchemins—Lévis, introduced a private member's bill, Bill C-226. Bill C-226 contains some important measures to hold serious impaired driving offenders accountable. It would impose a mandatory minimum for an impaired driver who causes death. It would increase sentencing for impaired drivers who cause bodily harm from 10 years to 14 years. It would also allow for consecutive sentencing for impaired drivers who cause multiple deaths to ensure that every victim of impaired driving is accounted for.

When it comes to holding regular, repeat, and hard-core drunk drivers accountable, unfortunately, unlike Bill C-226, I believe that Bill C-247 falls short. While Bill C-247 falls short in this regard, it would impose a form of random breath testing, passive alcohol sensors. Certainly I would acknowledge that Bill C-226 does not contain passive sensors, but I have some reservations about any form of random breath testing.

Under sections 8 and 9 of the charter, it would most certainly run afoul. It is quite arguable that it could be saved under section 1 of the charter, and I believe there would be a reasonable chance that it would be saved. However, the issue is what impact it will have in reducing the number of impaired drivers and deaths on our roads. The evidence is mixed on that question.

Indeed, there is some body of statistical evidence that indicates this type of testing has no more impact in reducing impaired driving than things that are currently employed by law enforcement, such as checkstops. Indeed, in the city of Edmonton in the last few years, one thing that had the biggest impact in reducing impaired driving was the city posting signs saying that if people see impaired drivers, they should phone 911. Therefore, I think we have to perhaps look at other alternatives to random breath testing. What is more, I believe this legislation just does not cut it when it comes to holding the most serious offenders accountable for impaired driving.

It is on that basis that I regretfully will not support this particular bill. However, I want to commend the hon. member for bringing it forward, because it is an important debate and an important issue that Parliament must continue to address.

Impaired DrivingPetitionsRoutine Proceedings

March 8th, 2016 / 10:05 a.m.


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Conservative

Mark Warawa Conservative Langley—Aldergrove, BC

Mr. Speaker, I am honoured to present two petitions.

The first is from Families for Justice, a group of Canadians who have lost a loved one by an impaired driver. The petitioners believe that Canada's impaired driving laws are much too lenient. They want the crime to be called what it truly is, vehicular homicide. It is the number one cause of criminal death in Canada. Over 1,200 Canadians are killed every year by a drunk driver. Canadians are calling for mandatory sentencing for vehicular homicide, and for this Parliament to support Bill C-226, Kassandra's law, and Bill C-247.