Mr. Speaker, I am honoured to be able to resume the remarks I started on May 19 on this very important discussion relating to Bill C-46, an act to amend the Criminal Code, offences relating to conveyances, and to make consequential amendments to other acts.
I had closed by thanking our amazing interim leader, the member for Sturgeon River—Parkland, for her service to our Conservative Party and indeed to our country, for her commitment to those who are disadvantaged in the world, and for standing up for those Canadians whose voices had been so long ignored. Many of those voices came from families whose loved ones had been taken from them because of the actions of impaired drivers.
This legislation before us today speaks to some of the issues that we, as Conservatives, have been championing for years. We know that dangerous driving and impaired driving injures or kills thousands of Canadians every year, and that all Canadians recognize that these actions are unacceptable at all times and in all circumstances.
As the Liberals prepare to roll out their new legislation on marijuana and its associated government-sponsored distribution and sales, it is even more important that law enforcement officers become better equipped to detect instances of alcohol- and drug-impaired driving, and that laws relating to the proof of blood alcohol concentration and drug-impaired indicators be clean and concise.
Bill C-46, in its preamble, states:
it is important to deter persons from consuming alcohol or drugs after driving in circumstances where they have a reasonable expectation that they would be required to provide a sample of breath or blood;
This provision and the bill's potential remedies need much clarification, as specific metrics of time-lapse, observable consumption, and proof that a person would be planning to continue driving would need both legal and scientific scrutiny.
As Conservatives, we have always worked hard to deter the commission of offences relating to the operation of conveyances, particularly dangerous driving and impaired driving. Along with our provincial partners, we have made laws that have promoted the safe operation of motor vehicles. Proposed changes to weaken consequences for such behaviour, such as reducing the current waiting times for offenders before which they may drive using ignition interlock devices, although an effective tool in itself to preventing recidivism, will minimize the seriousness of the offence and will be counter-effective.
Part 1 of the bill amends the portion of the Criminal Code that deals with offences and procedures related to drug-impaired driving. The three main amendments contain new criminal offences for driving with a blood drug concentration that is higher than the permitted concentration, address the authorization of the Governor in Council to arbitrarily establish its rate of permitting concentration, and gives authorization to peace officers to demand that a driver provide a sample of bodily substance for analysis by drug-screening equipment.
Part 1 brings up some interesting points, because determining at what point one is drug impaired is important. Giving the government authority to establish the concentration in law seems reasonable, and determining a procedure for peace officers to obtain evidence for conviction is a critical part of law enforcement.
Proposed subsection 254(2) of the act, before paragraph (a), is replaced by the following, the topic being “Testing for presence of alcohol or a drug”.
It states:
(2) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a motor vehicle or vessel, operated or assisted in the operation of an aircraft or railway equipment or had the care or control of a motor vehicle, a vessel, an aircraft or railway equipment, the peace officer may, by demand, require...[compliance]
Many of these provisions are part of standard workplace rules, and as such are expected to be adhered to.
How would peace officers make such determinations with the general public? No logs are required, no travel plans are prepared, so what evidence-seeking process would they use to assure conviction with this three-hour window that would not be challenged when cases come to court?
The other part of this discussion has to do with the definition of drug impairment. When one reads a prescription bottle, there are many drugs taken by people where it states specifically, “Not to be taken when handling heavy equipment. Do not drive. May cause drowsiness.” Drivers who are on such medication when stopped by police would unlikely know that a drug sample reading would be calculated.
One can calculate, based on the weight of a person, the time since the last drink or the amount consumed what a blood alcohol reading should be. One also expects that marijuana consumption readings would depend on product concentration and no doubt other factors. How will these tests differentiate the potential impairment of any one or any combination of prescription drugs, marijuana or alcohol? These are questions on part 1 that need to have answers when the legislation is studied at committee.
Part 2 would repeal provisions of the Criminal Code and would replace them with provisions in a new part of the Criminal Code.
First, it would all repeal and replace all transportation offences with what has been described as a more modern and simplified structure.
Second, it would authorize mandatory alcohol screening at the roadsides where police would have, according to this legislation, already made a lawful stop under provincial or common law.
The third part would be to propose increasing certain minimum fines and certain minimum penalties or maximum penalties. These particularly relate to penalties for injury or death due to impaired driving. Having stiffer penalties is something of which I have personally been in favour. I have delivered many petitions in the House on this matter. Of course, I, like many others, have had many heart-wrenching discussions with constituents, friends and families over the years with this situation.
The fourth part is to create a process to facilitate investigation and proof of blood-alcohol concentration. These processes I hope will be expanded to have logical blood-drug concentrations as I had mentioned before.
The fifth part is to attempt through law to eliminate and restrict offences that encourage risk-taking behaviour and to clarify crown disclosure requirements.
Finally, as I alluded to earlier and had expressed my reservations, is the removal of the current waiting period before which the offender may drive when using an ignition interlock device.
The contradiction I see here is that on one hand, it is being said that a severe penalty will be enforced, one such penalty, the time period between when an offence occurs when the privilege of driving with an ignition interlock device is granted, has been reduced to zero for first time offenders. The first time caught does not mean the first time offending. This deterrent should remain, in my opinion.
One of the provision of the bill relating to investigative matters, section 320.27(2), speaks of mandatory alcohol screening. It says that if the peace officer has in his or her possession an approved screening device, the peace officer may take the breath sample. Section 320.28(1a), the provision relating to blood samples and how they can be used to determine blood alcohol concentration is discussed.
As we move along in the legislation, we see where samples of other bodily substances, such as saliva or urine, can be demanded in order to determine drug concentration that could ascertain the presence in the person's body of one or more of the drugs set out in subsection 5, which I will get to in a moment, which relates back to one of my earlier points about what drugs are what, and how would the general public know about the effects of any particular drugs.
These are the drugs listed in section 5.
First, is a depressant. The depressants are a broad class of drugs, intended to lower neurotransmission levels and decreasing stimulation in various areas of the brain. They are contrasted by stimulants, which intend to energize the body. Xanax is a commonly abused example.
The second is an inhalant. Inhalants are various household and industrial chemicals whose vapours are breathed in so as to intoxicate the user in ways not originally intended by the manufacturer. Examples include shoe polish, glues and things of that nature.
The third is a dissociative anaesthetic. Dissociative anaesthetics are hallucinogens that cause one to feel removed or dissociated from the world around them. When abused, they cause people to enter dream like states or trances.
The fourth, and again critical in the situations we speak of, is cannabis, which is a tall plant commonly abused as a drug in various forms. Its primary effect is a state of relaxation produced in users, but it can also lead to schizophrenic effects resulting from brain networks being “disorchestrated”, according to researchers at Bristol University in the U.K.
Fifth is a stimulant. Stimulants are a broad class of drugs intended to invigorate the body, increasing activity and energy. They are contrasted by depressants which are intended to slow the body down. Cocaine is one of the most famous examples of a stimulant.
Sixth is a hallucinogen. Drugs under this class are intended to produce hallucinations and other changes in emotion and consciousness. Psychedelics and dissociatives are the most common forms of hallucinogens. LSD is the most common abused hallucinogenic.
Finally, is a narcotic analgesic. Narcotic analgesics, commonly referred to as opiates, are drugs that affect the opioid system which controls pain, reward, and addictive behaviours. Their most common use is for pain relief.
Are our police forces prepared for this type of roadside analysis? I know that my local police officers, as well as our municipalities and provincial regulators, have a concern about the downloading of the costs associated with enforcement of marijuana legislation. The vagueness of some of the provisions in the bill causes further concern for them as well.
Will the enforcement regulation be accompanied with funding? Will training and equipment be provided for officers? Who will cover the costs when officers are off learning about these new procedures? Will issues like mandatory alcohol screening withstand a charter challenge as it is a very invasive practice of the state on an individual without reason?
To this, I remind the government, as I had mentioned in my earlier discussion on this matter, all governments depend on their departmental legal teams to ensure that legislation is charter compliant. The same lawyers who our government depended on to ensure charter compliance are advising the current Liberal government. I leave that for the members opposite to ponder.
If one thinks that does not happen with regularity, I also would remind everyone that less than two weeks ago the Alberta Court of Appeal struck down a portion of its provincial impaired driving laws as it pertained to the immediate suspension of a driver's licence by ruling in favour of a constitutional challenge to strike down the law.
Our courts exist to grant justice to those who have been wronged. Delays and charter challenges will only benefit the perpetrators and career criminals, while the victims are dragged through a long and painful process.
As I close my remarks today, I continue to stand for those whose lives have been affected by the actions of impaired drivers. I remember the countless loved ones torn away from their families because of irresponsible people getting behind the wheel when they were clearly impaired. As Conservatives, we will remain steadfast in our commitment to families that have been unfortunately affected by impaired driving.
I remember being part of a discussion with MADD Canada. I and the Hon. Peter MacKay had opportunities to meet with various individuals. We talked about the devastation that this type of activity had on families. A good friend of mine is Darren Keeler. His son Colton was killed by a drunk driver. I know it was devastating to him and his family.
Brad and Krista Howe are the parents of five children who were killed by an impaired driver in 2010 in my riding. I know Krista's mother, Sandra Green, had so much to do with our office and with the justice department, trying to ensure we were there to help strengthen laws.
I also want to take this time to speak about those who encourage underage drug use in our schools and our communities. As a former teacher, I know and have seen first-hand the devastation of drug dependency on our young people.
It has always been a concern of mine as we see fantastic young people get caught up in situations and see how their lives are affected by those who troll and try to push them into activities that unfortunately in so many ways devastate them. It is important we all consider this. Certainly the Liberal government must go hard after drug pushers who prey on our children.
I am well aware that drug-impaired driving is also a serious concern for Canadians. With the Liberal government's normalization of marijuana, this issue will rear its ugly head time and time again. At a time when marijuana will soon be accessible to a wider clientele, the bill cannot afford to be vague or poorly drafted. It is up to us as parliamentarians to do right by the people we represent.
As Conservatives, we take pride in our record and our common-sense smart on crime agenda. We are also proud of our record on helping those with addiction problems. We cannot abandon our most vulnerable. We need to give them hope, but not enable them with their addictions.
I am confident that after the exciting events of this past weekend, with Her Majesty's loyal leader of the opposition now at the helm, Canadians can be assured that the Conservatives will continue to work hard to protect their families and their loved ones.
