Good afternoon.
Since I've spent a lot of time practising criminal law on the defence side, I like to look at the documents. I have a problem with some of the statements by the Canadian Police Association.
In your brief, which I've read twice, you say this:
Despite our collective best efforts and intentions, it is apparent that the problem of impaired driving is worsening in Canada [...]
I don't have the same figures as you. In 1999—and this number comes from the department—the total number of impaired driving cases in Canada was 85,997 and the number of persons charged 73,143. In 2006, there were 74,331 charges or incidents and 60,402 persons charged. I have in my possession the figures covering the period from 1986 to 2006, 20 years. A constant decline can be observed. Don't come and tell me that the problem is getting worse, unless the people at the Department of Justice have lied to us, in which case we should summon them and ask them the question. My figures, which come from the government, show a constant decline. If you're telling me you have figures, I'd like to receive them by courier. It's clear that initiatives have been taken, that things have been done. As a defence lawyer, I can tell you that the burden on the defence is a lot heavier now. Let's remember that, in 1986—and I don't know whether Mr. Rosenthal was a lawyer at the time—we regularly saw acquittals. But there are a lot fewer today because the work is being done better.
In Quebec, they're going to install radar to control road traffic. We're given figures and we're told that, by simply reducing speeds by five kilometres an hour, we would reduce the number of accidents by 25%. Fear of being caught by police officers and of being arrested is probably a significant incentive, but you also have to consider the fear of administrative penalties. Isn't that greater? Since 2000 in the provinces, particularly Quebec, it's been much harder to get back your driver's licence after being arrested the first time for impaired driving. Imagine what it's like the second time. I know there are reoffenders; I've had multiple reoffending clients.
Instead of lowering the BAC from 0.08 to 0.05, shouldn't we allow stiffer administrative penalties? I agree with you on random breath testing. I invite my colleague Mr. Rosenthal to consult the Supreme Court decision in R. v. Orbansk; R. v. Elias, [2005] 2 S.C.R. 3. In 2005, the Supreme Court held that, if the question were put to it again, if it had to consider that possibility under section 1 of the Charter... The government may have valid and compelling objectives for intervening in this regard, but wouldn't it be preferable, so as to avoid lengthy debate, to allow the provinces to take much more draconian action to assist police officers?