Mr. Chair and committee members, I'm appearing here today as a crown attorney; however, my views expressed here today are not intended to represent the Province of Nova Scotia or the public prosecution service.
My position with the public prosecution service is that of chief crown attorney of the Halifax region and special prosecutions. As chief crown attorney, my responsibilities include the supervision of 40 crown attorneys, whose responsibilities include the prosecution of offences under the Criminal Code and numerous provincial statutes.
I am pleased to have been invited here today, as I believe that the need to prevent, investigate, and deter impaired driving is unchallenged as a laudable and necessary objective. Indeed, there is no question that reducing the carnage caused by impaired driving continues to be a compelling, important, and worthwhile government objective.
The effective regulation and control of this activity gives rise to a unique challenge when it comes to protecting users of the highway from the menace posed by impaired driving. This challenge arises from the fact that drinking and driving is not itself illegal; it is only driving with an impermissible amount of alcohol in one's body or driving while one's faculties are impaired that is criminalized.
Consequently, there is not always a clear, bright line to easily discern the permissible and the impermissible amounts of alcohol in one's body. The necessary screening can only be achieved through field enforcement officers, who must be equipped to conduct the screening with minimal intrusion on the individual motorist's charter of rights.
The challenge in this area of law enforcement is increased by the fact that the activity in question is ongoing and the impaired driver who has exceeded the permissible limits represents a continuing danger on the highway. Effective screening at the outset is necessary to ensure the safety of the drivers themselves, their passengers, and other users of the highway. Effective screening should also be achieved with minimal inconvenience to legitimate users of the highway.
It is important to recognize that the need for regulation and control is achieved through an interlocking scheme of federal and provincial legislation. The regulation of impaired driving is not confined exclusively to the criminal law, but rather includes effective enforcement by roadside screening techniques contemplated by provincial legislation, which provide a mechanism for combating the continuing danger presented by impaired driving.
In Nova Scotia, our provincial legislation imposes strict restrictions and rigid or exacting impositions on impaired drivers, which are intended to serve as an effective deterrent and protection for the public.