CCMTA is of the view that for impaired driving programs to be effective, they should combine the elements of certainty and swiftness of apprehension, severity of penalties, and appropriate remedial action. In light of the foregoing, CCMTA would like to take this opportunity to specifically address the four areas under review by the committee.
The first one is lowering the Criminal Code blood alcohol concentration threshold from 0.08 to 0.05. CCMTA believes there is sufficient evidence to suggest that drivers pose a safety risk below the current legal threshold of 0.08. At issue is how a lower threshold can best be incorporated into the existing process while minimizing any adverse systemic impacts of such a change. Currently, all jurisdictions except Quebec have existing administrative programs to address the issue of lower BAC drivers. These programs generally entail the issuing of short-term administrative suspensions to quickly remove low-BAC drinking drivers from the road. These programs can be used by police officers for drivers below the legal threshold but above 0.04 or 0.05, depending on jurisdiction. While knowledge of the current legal limit among drivers is high, evidence suggests that the administrative limits and the associated penalties are not.
To strengthen and increase the effectiveness of existing short-term administrative sanctions, CCMTA developed a model as a standard for jurisdictions to consider, so as to update the existing roadside suspension programs for drivers with lower BACs. Indeed, a number of jurisdictions have already strengthened existing programs since the model was approved. This model takes a swift and measured approach to lower-BAC drivers without unduly increasing the workload on police, court services, or transportation agencies.
Number two is random breath testing. A number of surveys have indicated that the public does not have a high expectation that impaired drivers will be caught by police. That is to say, the certainty or perception of certainty of apprehension is low. The goal of random breath testing, or RBT, programs is to increase the probability of an impaired driver coming into contact with the police, increasing the perception of apprehension and increasing the general deterrent effect of police enforcement. Currently, a police officer may stop a vehicle but may not make a demand for a breath sample unless there is suspicion that the driver has consumed alcohol. As a result, many drivers who are stopped in spot checks are allowed to proceed without providing a breath sample. The use of RBT in which all drivers stopped in the check stop will be required to provide a breath sample or be charged with failure to provide a breath sample will significantly increase the number of drivers tested who have been drinking. While such a system would be challenged under sections of the Canadian Charter of Rights and Freedoms, the Supreme Court has indicated a number of criteria for such a violation to be justified, which we believe the use of RBT for managing impaired driving will meet.
Number three is advances in technology to enforce laws. Ignition interlock programs have been shown to be effective when installed on the vehicle of a convicted driver who uses that vehicle. However, a number of challenges exist with interlock programs. Currently, the alcohol test committee of the Canadian Society of Forensic Science is responsible for approving screening devices and instruments, but not for ignition interlocks, as programs are fully within provincial and territorial jurisdiction. In order to improve national consistency and elevate the technical standard for ignition interlocks, it would be beneficial if the alcohol test committee could be given the responsibility for approving specific ignition interlock devices as meeting an approved technical standard.
A second issue with ignition interlock programs is the low number of eligible drivers who actually use the devices. This is a significant concern, as there is evidence that these drivers may not be honouring their suspensions but choosing to drive without valid licenses. In further developing ignition interlock programs for convicted impaired drivers, one challenge is to increase the number of eligible drivers who install the device and the provision of swift and sure sanctions for those who drive a vehicle without the equipment installed. An RBT program is a necessary element to increase the perception of being caught driving without a licence or an ignition interlock device, and to support existing provincial and territorial programs.
CCMTA also believes that research into other technologies that can be used to immobilize the vehicle or monitor the alcohol use of an offender should be pursued further with the goal of making these technologies available for jurisdictions to consider integrating into their programs.
Number four is federal, provincial, and territorial programs. The partnerships among provincial and territorial programs and the federal Criminal Code of Canada have been effective in reducing the incidence of impaired driving. Provincial and territorial jurisdictions have invested a great deal of time and resources in impaired driving programs that have been developed over the years. As new programs are developed, it will be important to consider the impact on existing programs and the resources before a specific initiative is implemented. For example, the implementation of measures in Bill C-2 is likely to be significant with respect to human and fiscal resources, training for police and prosecutors, purchases of new equipment, and changes to the handling of evidence and cases. These must all be managed along with other priorities. It is necessary to consider the capacity of police, courts, and transportation agencies to implement and support new programs or program changes in an efficient and timely manner. In addition, each proposal must be fully costed, and a funding source identified before implementation can be considered.
Many of these problems can be overcome by streamlining the necessary forms and processes for federal, provincial, and territorial legislation. This streamlining should be a priority, as it speaks directly to the provincial and territorial capacity to deal with new programs or additional changes generated by random breath testing or changing the blood alcohol concentration threshold.
In conclusion, impaired driving remains a significant challenge, which Canadians believe can and should be addressed by governments. To do so effectively requires coordination and cooperation. Federal legislation must dovetail with provincial and territorial programs and have the support of police agencies and the general public as well as the necessary funding to be successful. We must be cognizant of the comprehensive impaired driving programs that are already in place in the various jurisdictions, and be careful to ensure that new broad and far-reaching initiatives do not jeopardize our goal of having swift, certain, and significant initiatives to help reduce the incidence of impaired driving and its consequences in Canada.
CCMTA recommends that the Criminal Code threshold not be lowered from the existing level, with the exception of one of the jurisdictions that is not in full agreement in with this.
CCMTA also recommends that Parliament make mandatory a demand for a breath sample by a police officer at a random breath test stop.
CCMTA recommends that Parliament authorize the alcohol test committee to approve alcohol ignition interlock system standards to ensure that all the technology functions at a minimum acceptable level.
Finally, CCMTA recommends that a comprehensive research and evaluation framework be developed and funded with a goal of recommending evidence-based solutions to the challenge of impaired driving and reducing unnecessary technicalities that place an undue burden on police, the courts, and transportation agencies.
Together, we have made significant improvements in rates of impaired driving over the past 30 years, and together we can move forward and achieve our collective goal of 40% reduction in deaths and serious injuries by alcohol-involved drivers by 2010, thereby reducing the $21 billion in societal costs related to impaired driving each year.
Thank you for the opportunity to express our considerations and concerns. We will be happy to take any questions.