Thank you, Mr. Chair, for having me here today and for considering Bill C-247.
I would like to start by discussing the impetus of this bill. Unfortunately, a teacher in my riding lost his life at the hands of a drunk driver. Shortly after I was elected, a constituent of mine asked me to do something to address this.
It should be noted that impaired driving is still the leading cause of criminal death in Canada. Besides being a concern in and of itself, Canada ranks poorly to similar jurisdictions with these rankings. This also has a demonstrable economic cost associated to it, some $20.62 billion.
This bill is made up of two parts. The first is to authorize the explicit use of passive alcohol sensors. The second is to change the criminal offence of impaired driving causing death and driving with a blood alcohol concentration over 80 milligrams to vehicular homicide as a result of impairment.
Speaking to the first aspect, passive alcohol sensors are classified as passive instruments because they do not require the driver to perform any act such as blowing into a mouthpiece. These devices, often shaped as a baton or fitted into the end of a specially designed police flashlight or a clipboard, detect the presence and approximate amount of alcohol in a driver's exhaled breath by sampling the ambient air near his or her mouth.
I am aware this may raise questions of whether the passive will react to a driver who perhaps has spilled alcohol in the vehicle, but studies have indicated that the possibility of passives detecting alcohol from sources other than the driver is unlikely. The passive works best when held six inches from a driver's mouth, which would ultimately decrease the likelihood of detecting alcohol from another source.
Furthermore, the greater the distance between the passive and the source of alcohol, the more diffused the alcohol will be in the ambient air. Therefore, it is unlikely that alcohol from another source would be detected. If it is, the reading wouldn't be high enough to warrant further testing.
Finally, the concern about alcohol from a source other than the driver is equally applicable to the current practices. An officer who detects the odour of alcohol coming from inside a vehicle cannot necessarily identify its source. However, research suggests that police using passives are better at detecting alcohol and determining its source than police using only their unaided senses.
It should be mentioned as of late and due to advancements in technology that this is also a feature built into the approved screening devices peace officers already have. The second part of the bill was introduced as Kassandra's law, named after Kassandra Kaulius. I would like to bring to your attention that Markita is here with Families For Justice, but she is also Kassandra's mother.
By calling the offence a homicide, I believe parliamentarians will be sending the strong message that taking someone's life while impaired is reasonably foreseeable and can never be condoned. The current offence stating that death is caused after having been impaired implies less culpability on the driver's part. It suggests a degree of accidental consequence.
I am by no means suggesting that these drivers intended to take someone's life. However, by virtue of their having a licence, I am able to assume that drivers are rational drivers. It is legitimate to believe that rational drivers are aware that impairing their motor skills will put the safety of the general public into question.
Before concluding, I would like to address the constitutional validity of the bill. Any concerns arising regarding the possible infringement of section 8 of the Charter of Rights and Freedoms, having the right to be secure against unreasonable search or seizure, have been taken into account in the creation of this bill. Our courts have consistently identified driving as a licensed and heavily regulated activity occurring on public roads. Therefore, a driver's expectation of privacy may be infringed or curtailed.
In R. v. Smith it was recognized, albeit a challenge under section 7, that the expectation of privacy must be assessed in regard to the nature of the activity:
Driving is a heavily regulated activity.... The police's goal is to catch the drinking driver at the roadside and not at the scene of the accident. Drivers expect to be stopped and questioned by the police concerning matters relating to the operation of their vehicles. That expectation is part and parcel of the privilege of operating a motor vehicle.
Furthermore, it could be argued that the use of a passive alcohol sensor does not constitute a search, as courts have recognized that police have common law and express statutory authority to inspect a driver's documents.
That concludes my opening statement. I would like to mention that MADD Canada and my local police chief have both endorsed this bill as well.
Thank you very much.