Bill C-247 (Historical)

An Act to amend the Criminal Code (passive detection device)

This enactment amends the Criminal Code to authorize the use by a peace officer of a passive detection device to detect the presence of alcohol in the immediate vicinity of a person whom the officer has reasonable grounds to believe was, within the preceeding three hours, operating a motor vehicle or having the care or control of a motor vehicle. The enactment also provides that if such a device indicates the presence of alcohol, it establishes reasonable grounds to suspect that the person has alcohol in their body.

Criminal Code

[Steven Blaney, Conservative, Bellechasse—Les Etchemins—Lévis, QC]

Mr. Speaker, I do not want to waste my hon. colleagues' time, but I would like to say that we can work in the House in a constructive manner to advance bills that can save lives.

I would like to recognize the work of the new MP who introduced a bill in a constructive manner. This bill should be studied and debated at second reading.

I would also like to take this opportunity to thank my colleagues, those from both the western provinces and Ontario, who also supported the bill that I introduced and that was intended to save human lives too.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is with pleasure that I rise today to add some thoughts in regard to the private member's bill. In essence, and I put it in the form of a question earlier, the member for Mississauga—Streetsville has put together a bill on what I believe is a very important constituency issue.

As a number of members might be aware, I have been around as a parliamentarian for a number of years. Both I and my colleague, the member for Winnipeg South Centre, were first elected back in 1988. I can recall shortly thereafter trying to canvass the residents I represented at that time on what issues were important to them. One of the issues that came up back then was drinking and driving.

The member has been with us now for just over eight months, a number of sitting days, and he has already hit on what I think is an important constituency issue. I applaud him in recognizing an issue that really does matter. He has brought forward this legislation which we anticipate will ultimately come to a vote in the House. Hopefully, we will see it pass to committee stage. I know the member is open to receiving amendments and I suspect there is a very good chance we will see something coming down.

I want to add some of my thoughts with respect to the legislation itself.

The member who spoke earlier, the former chief of police, I believe for the Toronto area, talked about societal attitudes and the degree to which society has really changed in this regard. I thought it was interesting when he made reference to the fact that it was back in 1979, I think, when we started to see these roadside awareness campaigns take place.

Before 1979, back in 1975 and 1976, I can recall pumping gas at the age of 12 or 13 years at a car lot and in the background there were mechanics and others deeply engaged in drinking alcoholic beverages and who thought nothing of getting behind the wheel and driving away. It was something that was not frowned upon whatsoever. In fact, when I was in high school, they even had names for individuals who got caught drinking and driving, and it was in reference to a dollar amount of a particular fine.

How things have changed. I go to graduation ceremonies, as we all do, and I find it is the young people of Canada, in recent years in particular, who are leading the charge in terms of changing the attitudes with respect to drinking and driving. We will see safe grads taking place at the local high schools throughout our communities. Individual guests are allowed to participate in the graduation activities but they have to sign something, or if the young people know they are going to be drinking, they have to have a designated driver. I have seen safe grads booklets, literally booklets in terms of responsibilities. Whether it is at Sisler High School, Maples Collegiate, R.B. Russell Vocational School, St. John's High School, and others, just in the north end of Winnipeg alone, they have recognized how important it is to have a change in attitude. That change started, I believe, back in the late 1970s and early 1980s, when we started to see police forces across our country following, in part, but also leading in terms of the need to change societal attitudes. For all of those who have done that, I applaud their efforts.

As has been pointed out far too often, every day there are hundreds of individuals who lose their lives as a direct result of drinking and driving. What a terrible way to lose a life, because someone made the stupid decision to get behind the wheel of a car and drive while intoxicated.

We need to look at ways to change that situation. That is also not to mention the thousands of Canadians who are affected every year through loss of limbs and other types of injuries that are sustained. When we talk about those victims, it does not include the victims who are family members who have to endure the loss of a loved one, or those individuals who are going to have to provide the care that is necessary. That could include everything from a broken limb to someone being paralyzed.

The costs to society are huge, both socially and economically. That is the reason that when we look at good government policy, we should be looking at the initiatives that could really make a difference.

My understanding of the passive alcohol detection device that the member is making reference to is that it would assist police in ensuring a higher level of detection. That is something we need to pursue because, for whatever reasons, there are some who are very slow at understanding the importance of not drinking and driving. Here we have a suggestion, through legislation, that could have a profound and positive impact in dealing with the issue of drinking and driving and prevent others from doing that. As legislators, where we can take action on issues of this nature, I believe we should.

In my question to the member, I made reference to the fact that our police agencies of all sorts do a phenomenally good job in keeping our streets and communities a safe place. In doing that, they have a number of tools that they can use. What is being suggested in the legislation is yet another tool.

If we need to look at ways to change the law that would enhance a police officer's ability to make our streets safer, we should be exploring that. That is the reason, without hesitation, why I stand in my place today to applaud the member's efforts.

The member has said that he is open to amendments. I look forward to the bill hitting committee stage in anticipation that at the end of the day we will have a safer community because the member took the initiative to make a difference and bring forward a piece of legislation that could ultimately save lives and contribute to making our communities safer.

[The Deputy Speaker, Bruce Stanton]

Should he wish it, the hon. parliamentary secretary will have two minutes remaining for his remarks when the House next resumes business on this particular motion.

The time provided for the consideration of private members' business has now expired, and the order is dropped to the bottom of the order of precedence on the Order Paper.

The House resumed from May 3 consideration of the motion that Bill C-247, An Act to amend the Criminal Code (passive detection device) be read the second time and referred to a committee.

[The Assistant Deputy Speaker, Anthony Rota]

I would like to remind hon. members that we are continuing business, and the hon. member for Victoria will be speaking shortly, so if you have anything to say, would you mind either saying it very quietly or maybe just moving into the lobby or to the sides and we can continue with House of Commons business.

Resuming debate, the hon. member for Victoria.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I am pleased to rise to address Bill C-247, a bill that would add ambient air alcohol sensors to the arsenal of tools that our police officers use to detect impaired drivers and to keep our roads safe. All of us in the House have lost far too many friends and others in our communities to impaired driving. As a country we have been losing ground in this fight for over a decade.

Mothers Against Drunk Driving estimates that impaired driving kills three to four Canadians every day. It also injures 175 more each day. That is more than 1,000 Canadians killed each year and more than 60,000 injured. As shocking as these statistics are, I know each of us in the House also knows, in our own communities, at least one story that puts a face on these tragic numbers.

For example, early one morning last April in the greater Victoria area, an impaired driver got behind the wheel of his pickup truck. He was speeding through an intersection when he struck a police cruiser driven by Constable Sarah Beckett. Having joined the RCMP at age 21, Constable Beckett was just 32 when she died last year leaving behind a husband and two young children.

Charges were filed against the driver last week, and I hope that justice will be served. While we know that nothing can make Constable Beckett's young family whole again, we must do everything to prevent the next tragedy, and that means deterring the next impaired driver from getting behind the wheel. Today's bill offers police one more tool with which to do that.

As it stands today in the Criminal Code, officers must have “reasonable grounds to suspect that the person has alcohol in their body” before they can demand a breath sample. That suspicion can be formed in many ways, from the smell of alcohol to slurred speech, or simply by an admission from the driver. The front-line officers I have spoken with are good at their job, but they know that impaired drivers still slip through, and the research bears this out.

A 1999 study in the United States found that officers there missed 9 out of 10 drivers in the range from 0.05 to 0.08. That is high enough for roadside penalties in most Canadian provinces. That same study found that officers still missed half of the drivers over the criminal limit of 0.08 blood alcohol content. Detection rates have improved over the last 15 years and I, for one, tend to believe that Canadian police would outscore their American counterparts, but still a 2009 study by our Standing Committee on Justice and Human Rights concluded as follows:

—current methods of enforcing the law lead police officers to apprehend only a small percentage of impaired drivers, even at roadside traffic stops designed to detect impaired driving.

One solution proposed by Mothers Against Drunk Driving, and used in other jurisdictions is to provide officers with passive or ambient air alcohol sensors to help them screen for impairment. There are benefits beyond just increasing the detection at roadside checkpoints. As we know from other debates on this issue, the evidence on what makes an effective deterrent is clear.

What deters the next impaired driver, what saves lives is not the fear of a crash or a jail sentence or getting caught, instead it is the perceived risk of being pulled over. The publicity surrounding the introduction of a new tool to detect impairment will no doubt increase that perceived risk of detection, and may make some people think twice before getting behind the wheel after drinking.

The front-line officers I have spoken to, in Victoria, Ottawa, and elsewhere, have insights that deserve to be heard by Parliament as we study this bill. Four to five million drivers are stopped each year. Less than 1% of those give breath samples, but each test creates delays for drivers and risks for officers. In the winter, drivers are sometimes asked to exit their vehicle, so that the test can be done inside a police vehicle. Police are rightly concerned about the safety of drivers when these tests occur on the shoulder of a busy road.

In other words, any tool that can increase the detection rate and reduce false positives not only has the potential to deter impaired drivers and save lives but also has the potential to make roadside stops safer and more streamlined for drivers and officers alike. With that in mind, I find it difficult to argue against dedicating time at committee to study this bill in more detail.

There are questions about police resources, questions about the accuracy of these new sensors, and of course, questions about whether the use of this new tool might be challenged under section 8 of the Canadian Charter of Rights and Freedoms. These are important questions that deserve further discussion and study. Therefore, I am pleased to support this bill now, in principle, and hope that the appropriate committee will soon be able to give it the study it deserves.

I feel compelled to say, as I did when we debated a related proposal from my hon. colleagues in the Conservative Party, that there is a tremendous need for action on this file on the government side of the House.

Successive federal governments increased the penalties for impaired driving offences in 1985, 1999, 2000, and 2008. At first, stiffer penalties sharply reduced the rate of impaired driving offences. However, progress has been stalled since 2000, despite two rounds of increased penalties.

Six years ago, the Standing Committee on Justice and Human Rights completed its study on impaired driving. It showed that in 2006, the latest year for which data was then available, more Canadians were killed by impaired driving than in any year since 1998, and it was the third consecutive annual increase in fatalities.

That report stated as follows:

...impaired driving remains the number one criminal cause of death in Canada....

...despite our collective best efforts and intentions, it is apparent that the problem of impaired driving is worsening in Canada and we are losing ground in our efforts to eliminate the problem.

Those words remain equally true today.

More recent data available to us now shows that the problem continued to worsen after 2009.

Using data up to 2011, Statistics Canada reported this:

The rate of impaired driving increased for the fourth time in five years...and was at its highest point in a decade.

The evidence is clear. We need more than just harsher penalties. We need an approach that is evidence-based and focused on prevention, on saving lives. This means better training and support for our police officers. It means smarter investigative tools so that families are not denied justice by a technicality. It means taking a clear-eyed look at which penalties work and which ones do not. It means collaboration between the federal government and the provinces and territories on public education and best practices, and it means assessing the latest technology to detect drug-impaired driving.

We have been losing ground for a decade in the fight to end impaired driving. We have lost far too many lives in our communities, and we urgently need real action from the federal government. I hope that action is forthcoming.

Let me assure those on the government benches that when their plan is brought to Parliament, they will always find support and help from New Democrats. However, as we await government action on the fight to end impaired driving, I am happy to support further study of this proposal from my colleague from Mississauga—Streetsville. I want to thank him for his work on it, and I look forward to seeing the results of committee consultations very soon.

[Peter Schiefke, Liberal, Parliamentary Secretary to the Prime Minister (Youth)]

Mr. Speaker, I am honoured to speak in favour of Bill C-247. Impaired driving is an issue that affects all communities.

I am sure all members, on both sides of the House, know of a neighbour, family member, or one of their constituents who has been affected by a tragedy caused by impaired driving.

As I rise and address the House today, I am thinking of the hundreds of stories involving impaired drivers who caused accidents that killed or seriously injured someone in my riding.

I cannot help but support a bill whose aim is to prevent impaired drivers from getting behind the wheel, a bill that recognizes the moral responsibility of drivers when they are facing justice.

It is a complex bill that I believe merits the attention of the Standing Committee on Justice and Human Rights, for it is important to take the time to understand all the implications associated with this change to the Criminal Code. This is an important step in putting an end to drunk driving. While the bill may not be perfect in its present form, its objective deserves to be examined in committee.

Under the current legislation, the Criminal Code does not grant the police the authority to obtain bodily samples from drivers unless the police officer has reasonable grounds to suspect that a driver has alcohol in their body. A passive detection device can detect alcohol in the ambient air, which would allow officers to use a non-invasive procedure to test for the presence of alcohol by simply placing the device near the driver's face when he or she is talking or breathing.

I am hopeful that this new method could not only empower police officers to better identify impaired drivers but would also have a deterrent effect and play a major role by reducing the number of drunk drivers that are choosing to take to the wheel night after night despite the laws and deterrents that are already in place.

My riding of Vaudreuil—Soulanges is one of the fastest growing ridings in the country in large part because of the thousands of young families choosing to settle in the peaceful and safe environment that it offers. Even so, the roads our children play on, put their basketball nets on, play street hockey on, and use to ride their skateboards and their bicycles are still filled with those who make the decision to take the wheel while under the influence of alcohol. As such, I strongly support the principle behind a bill that would empower police officers to make our streets safer for our children through a non-invasive procedure.

This does not only apply to my own community. As Parliamentary Secretary to the Prime Minister for Youth, I am particularly aware of the shocking number of young victims of road accidents across the country that are caused by drunk drivers. There are far too many unfortunately to recount here today but I can tell the House this. In my own riding I have in mind for example a young jogger who was struck by an alleged drunk driver in the municipality of Hudson in the summer of 2015. The driver of the car was only 23 years old. The victim was in some respects lucky, because she survived. Even though she survived and she shared her story as a warning to other young people, she has had to endure 15 operations to date and could be waiting years before getting the hip replacement that she needs to continue her progress. She currently uses crutches to walk and has since had to abandon her dream of becoming a police officer. The driver of the car is facing multiple criminal charges.

Examples like this show why we need more deterrents. The deterrent effect of the detection device as proposed in Bill C-247 could have prevented this accident, because as long as impaired drivers believe that there is still a chance they will not get caught they will continue to take a chance, get behind the wheel, and risk their own safety and the safety of other drivers and pedestrians.

As a result of a successful public awareness campaign, it is clear that most, if not all, drivers know that it is against the law to drive under the influence of alcohol.

Progress has been made in the past 30 years as a result of better laws, harsher penalties, enforcement measures, and awareness campaigns launched by Éduc'alcool, Operation Red Nose, and the Call 911 campaign run by Mothers Against Drunk Driving Canada.

Despite these initiatives, drivers continue to get behind the wheel. In the Vaudreuil—Soulanges RCM alone, more than 340 drunk driving incidents are reported annually. Every year, between 1,250 and 1,500 people are killed and more than 63,000 people are injured in collisions caused by impaired driving. This means that alcohol and drugs are responsible for 43% of all injuries resulting from motor vehicle accidents.

According to MADD Canada, impaired driving causes almost twice as many deaths as all other homicides combined. Deaths and injuries resulting from impaired driving are even more tragic because they are caused by a crime that is completely preventable. Why do so many drivers drive under the influence of alcohol? That is a good question. They know that they will not be caught.

Bill C-247 is largely supported by stakeholders across the country, including Mothers Against Drunk Driving Canada, which has endorsed Bill C-247, citing the benefits of passive alcohol sensors.

Also, according to the 2009 report of the Standing Committee on Justice and Human Rights, “although the threshold for suspicion is not high, there is research indicating that many impaired drivers are able to avoid a demand for a breath test when stopped by the police because the officer does not detect the smell of alcohol or symptoms of impairment”. This goes to show that despite the initiatives and the progress achieved in the last decade, the ability for police to use passive alcohol sensors could have a great impact on reducing the number of alcohol-impaired drivers on our roadways.

Bill C-247 also renames the offence of impaired driving causing death as vehicular homicide. This change would denote greater moral culpability for the impaired driver. A conviction should reflect the risks that accompany the decision to get behind the wheel, while preserving judicial discretion for judges. Because of this, this bill needs to go to committee. That is why I support the passing of the bill: to place it in the committee's capable hands. I hope everyone can support this. I recognize the need for the committee to assess the practical implications of this change to the law to ensure that the bill achieves its policy goals and to ensure clarity in the Criminal Code.

I believe that an initiative that would increase the safety of our roads through a non-invasive procedure should move forward. I support moving Bill C-247 to committee in order to address the scope of the law and ensure we have not only concrete laws against impaired driving, but also practical and effective ways of implementing those laws.

The adoption of Bill C-247 represents that important step in making our roads safer for our communities. This is an objective that every person in the House should be behind and should make a priority.

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, I want to commend the member for Mississauga—Streetsville, my colleague and my friend, for his advocacy in the community and his advocacy around community safety and road safety.

We have come a long way in Canada since 1921. That is when Canada first recognized impaired driving as a criminal act. Despite a sizable drop in impaired driving rates since the mid-1980s, impaired driving is still the leading cause of criminal death in Canada. Impaired driving continues to be a problem for governments and for communities and that is why we have a multi-pronged approach that has brought forward our justice system, community organizations, and the general public.

Through education, awareness, enforcement, and penalties, we have made great strides. The number of impairment incidents has dropped significantly since 1985, by over 50%. In 1985 there were approximately 600 incidents per 100,000 of population. They dropped to less than 300 impairment incidents per 100,000 twenty years later. However, today, what we are seeing is that the rate of incidents is starting to grow. We need to have a new approach. It has to come from community organizations such as MADD, and I am glad that it is supporting this bill, Bill C-247, the passive detection device bill. These deterrents have been able to bring the rates down, and now it is up to us as a government to enact legislation that will help continue that trend.

The alarming fact, though, is that to see those rates start to decline we need to do something. We have some evidence that rates are starting to climb, especially with young women, and many of those rates continue to be in our 20- to 35-year-old grouping.

Young people have come a long way. Today, I know here in Ontario we have graduated licences so that as drivers become better drivers and have more education, they are able to make better judgment calls. One thing, though, for young people or anybody who has been out drinking or had a drink or two and who may make the poor judgment of getting behind the wheel, is the deterrent factor. It is knowing when they go out that there may be a RIDE program in place.

In the RIDE program, when drivers are pulled over the police officer will ask where they have been and whether they have had a drink or two. Many people have been to events and they say they will just take some breath mints or ensure they just use some freshener in the car to disguise the smell of alcohol. However, the passive detection device would make it much easier for police to detect whether there is alcohol in the car and be able to then move forward to doing a Breathalyzer test or to look for impairment. It will help the police with their jobs, but it is also a deterrent. When that awareness is there, those people out having a drink are able to make the right decision and not get behind the wheel of a car and drive.

The devastation has just been terrible. I know that many of us in our communities have spoken with families and friends and others who have been affected by people who have been seriously injured or lost his or her life in a car crash. This is just devastating. We have to think about it. Young people have to know how they can be affected by jail time, the heavy fines, a suspended licence, having an ignition interlock device put on their cars—all of these things. However, none of that really matters to the life that they will have to lead going forward if they have caused a serious injury or death, knowing that they were the cause.

I am so glad that the hon. member has brought forward the proposal of renaming the offence from “impaired driving causing death” to “vehicular homicide as a result of impairment”.

The average car weighs about 4,000 pounds. That is a weapon. It is four thousand pounds on the road, travelling at 50, 60, 120, or 150 kilometres an hour. When that hits a person, it is a weapon. That is homicide. That will create a great deal of devastation in the community for so many people, so many families. I am so glad the member would like to have the name changed through his bill, Bill C-247. His advocacy will make a real difference in our country.

As I said, we have a commendable record. We have seen those rates drop. Now they have plateaued and have started to go up. We need a renewed initiative. Bill C-247 will help as a deterrent to bring those rates back down even more, because one death or one serious injury is just one too many.

I will be supporting Bill C-247. I want to see it go to committee so we can have a robust discussion and get into the meat of it so that we can do much better for our communities.

Again, I want to commend the member for all his hard work and advocacy for what it will mean for our communities, not only today but for many years to come.

[Gagan Sikand, Liberal, Mississauga—Streetsville, ON]

Mr. Speaker, first and foremost, I would like to thank my colleagues for their contributions to the discussion and their thoughtful insights.

Before discussing the bill, I would like to mention the human aspect.

In 2015, during the campaign, I heard that a teacher in my riding had lost his life at the hands of an impaired driver. Shortly after being elected, a constituent of mine asked me to do something about this.

The second part of the bill is called Kassandra's law and was formerly introduced by my colleague , the member for Langley—Aldergrove.

Unfortunately, Kassandra, too, lost her life at the hands of an impaired driver. I had the pleasure of going to British Columbia and meeting Kassandra's parents. They are working with Families for Justice. They have collected over 100,000 manual signatures in support of ending drinking and driving.

As we can see, this is a real concern of Canadians across the country.

To speak to the first part of the bill, on the passive alcohol sensor, for the most part, this device is already at the disposal of peace officers. It is a device they have. It can be used in conjunction with their sensors or as a complete alternative, but it will help establish the reasonable grounds we need at a higher accuracy rate, especially when it comes to the RIDE program.

The second part of the bill is called Kassandra's law. It is asking that the Criminal Code be amended so that the offence of impaired driving causing death is called vehicular homicide as a result of impairment.

This may seem innocuous, but I believe it sends a strong message that parliamentarians believe that we should call this what it is, which is homicide. That is why I implore all parliamentarians to support the bill, because we know that the criminal offence of impaired driving is still the leading cause of criminal death in Canada.

Once again, I would like to thank my colleagues. I look forward to any suggestions the committee may have.

[The Assistant Deputy Speaker, Anthony Rota]

Is the House ready for the question?

[Some hon. members]

Question.

[The Assistant Deputy Speaker, Anthony Rota]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Anthony Rota]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.