I had the honour of appearing before this honourable committee in June of 2007 with regard to Bill C-2 amendments. Perhaps I'm surprised I've been invited back. At that time I cautioned you about what would occur if those amendments were passed. I told you the white flag would not be waved and no one would be giving up. Let me tell you what's happened since July 2 and the Bill C-2 amendments passed, and this is only the start.
In Ontario we're still fighting about whether or not the legislation is retrospective or prospective. In about seven months we have judgments going in every direction, with no binding authority. That issue will likely finally be resolved years from now when it makes its way to the courtroom down the road. We've only started litigating about disclosure. We haven't even got close to dealing with the constitutionality. A simple, straightforward non-accident over-80 mg% case now is being set for about two to three days of court time. That is the case that not so long ago you would set about half a day for. I can't tell you how many thousands of cases are going to be in the system waiting for the final determination of retrospectivity and prospectivity disclosure issues and then eventual constitutionalities.
I can go back to the 80 mg% or 50 mg% debate. There is no universal agreement among scientists about whether everyone is impaired at 50 mg% or not; there's a debate. And regardless of what someone blows, if the police officer believes someone is impaired, they arrest them for impaired driving regardless of the reading. The test for whether or not someone is convicted of impaired driving is whether their ability to operate a motor vehicle is even slightly impaired.
So let me conclude. From a selfish perspective, if you lower the legal limit I can tell you'll make a lawyer such as me a much busier lawyer than I already am. Lowering the legal limit will certainly let the uninformed public know how hard the government is coming down on drinking and driving. Finally, I can guarantee you will undoubtedly ensure a greater backlog than has ever been seen, and more charges—and I'm not just talking about drinking and driving charges, I'm talking about all sorts of criminal charges—will be withdrawn and will be stayed if this amendment or this legislation is seriously considered.
If that's all my time, I'll wrap up now and won't touch on any of the other topics.