Thank you, Mr. Chairman.
I appreciate the opportunity to be here today to speak on behalf of the company I represent, Alcohol Countermeasure Systems Corp. Alcohol Countermeasure Systems, or ACS for short, is a Canadian company with a track record stretching back more than 30 years. During that period of time, ACS has developed a well-earned reputation as a world leader in the field of alcohol ignition interlocks and interlock program services.
ACS interlocks are used in 19 countries around the world. In Canada, ACS supplies interlock devices, installation and monitoring services to offenders, and data management and reporting to jurisdictional administering authorities in all ten provinces, as well as the Yukon Territory.
Alcohol interlocks are sophisticated breath alcohol testing devices that are installed in a vehicle in a way that requires a driver to provide an alcohol-free breath sample before the vehicle can be started. Following a successful breath test and the starting of the vehicle, the alcohol interlock system requires retests at random intervals and activates an alarm if a retest is not taken and passed. In the event the alarm is allowed to remain on for an extended period, the device also initiates a countdown timer that requires the vehicle to be serviced within a few days. Failure to comply with service requirements will cause the alcohol interlock to enter what's referred to as a “lockout” state, meaning the device will not accept a breath test and consequently will prevent the vehicle from being started or operated.
The primary use of alcohol interlock technology to date has been in programs for impaired driving offenders. Such programs typically involve installation of an alcohol interlock device in an offender’s vehicle, as well as monitoring and supervision of both the use of the vehicle and the interlock device by administering authorities. The alcohol interlock records events, including breath test results, relating to the use of the device and the vehicle, and the data are recorded and downloaded as part of every service procedure for compliance monitoring purposes.
The first alcohol interlock programs for impaired driving offenders were introduced in the U.S. in the mid-1980s. Canada’s experience dates from 1990, when Alberta launched a program, followed in 1997 by Quebec. Since then, all provinces, as well as the Yukon Territory, have established alcohol interlock programs for impaired driving offenders, although many of these programs are relatively new. The Northwest Territories has enabling legislation in place, but has yet to implement an offender program of its own.
Over the years, numerous studies have been undertaken to assess the effectiveness of alcohol interlocks, resulting in a growing body of scientific evidence drawn from programs in both Canada and the U.S. In virtually every case, alcohol interlock devices installed in the vehicles of impaired driving offenders have been shown to be highly effective at preventing driving after drinking, as compared with traditional sanctions, such as licence suspension or revocation. Reductions in recidivism rates range from 75% to more than 90% in some cases.
Although alcohol interlocks are effective in preventing driving after drinking, a number of factors have limited the overall impact that offender interlock programs might otherwise have had in reducing the problem of impaired driving in Canada and elsewhere. Most, but not all, of these factors involve matters within the jurisdictional domain of provincial and territorial governments to address.
In 2008, the Canadian Council of Motor Transport Administrators, or CCMTA, approved model standards for interlock programs in the hope and expectation they would serve as guidelines for provincial and territorial legislative initiatives, and in the process assist in maximizing the effectiveness of alcohol interlock programs as an impaired driving countermeasure. The key elements of the CCMTA's model interlock program standards include: mandatory participation for all impaired driving offenders; early reinstatement incentives; open-ended terms or timeframes; performance-based exit criteria; and links to treatment.
From a federal jurisdictional perspective, the most significant element of these involves early reinstatement incentives, since pressure in favour of such incentives stems from a growing body of evidence suggesting that participation in an alcohol interlock program should commence as soon as possible following the offence.
The rationale for early reinstatement is based on the observation that lengthy periods of licence suspension or revocation are not very effective as a means of getting impaired drivers off the road. A substantial portion of offenders drive under suspension, and in some cases drive after drinking. Another cause for concern involves what appears to be a growing trend among suspended or revoked drivers not to apply for reinstatement after the extended period of licence suspension or revocation has expired.
According to subsection 259(1) of the Criminal Code, persons convicted of drinking and driving offences under sections 253 and 254 are subject to a mandatory driving prohibition order for a minimum period of one year for a first offence, two years for a second offence, and three years for each subsequent offence.
Pursuant to subsection 259(1.1), offenders subject to a driving probation order who participate in a provincial alcohol interlock program and comply with the conditions of the program may operate a vehicle equipped with an alcohol interlock device during the prohibition period unless otherwise ordered by the court. However, under subsection 259(1.2), they cannot drive at all, even with an interlock installed in their vehicle, for a minimum period ranging from three months for first offenders to 12 months for third and subsequent offenders.
In light of the foregoing it is submitted that consideration should be given to amending the Criminal Code to repeal subsection 259(1.2). This is a measure that would be strongly supported by MADD Canada and other stakeholders interested in maximizing the effectiveness of alcohol interlocks and interlock programs.
Alcohol interlocks represent a promising initiative in the battle against impaired driving. That said, in order to harness the potential of this life-saving technology it is incumbent on governments at all levels to put in place a legislative framework that will maximize or at least not hinder the effectiveness of programs in which they are used.
Thank you for your attention.