Thank you very much.
Mr. Chair, members of the committee, we appreciate the opportunity to speak with you about Bill C-5 today. My name is Eric Dumschat. I am the legal director for Mothers Against Drunk Driving Canada. I am pleased to be sharing my time today with my colleague, Steve Sullivan, who is our director of victim services.
Much of the information we will discuss today here is expanded upon in the written brief that we've submitted to the committee, and this includes the appropriate reference information.
MADD Canada is a national charitable organization with the mission to stop impaired driving and to support victims and survivors of this violent crime. We have volunteer-led groups in over 100 communities across the country, and indeed many of our volunteers are themselves victims and survivors of impaired driving.
Our work is aimed at providing support to victims and survivors, raising awareness about the dangers of impaired driving and saving lives and preventing injuries on Canada's roads. We are here today to talk about the provisions of Bill C-5 dealing with conditional sentences and how they would impact victims and survivors of impaired driving.
If the bill is enacted in its current form, it would allow for the return of conditional sentences for any first-time impaired driving offender who met the eligibility criteria, including those convicted of impaired driving causing death or the associated refusal offence.
To put this in context, in 2018, as part of Bill C-46, the government repealed, revised and re-enacted the Criminal Code transportation offences. As a result of this, conditional sentences were allowed for some new impaired driving offences that were previously ineligible for them, so long as they were now tried by summary conviction. However, impaired driving causing death was excluded from eligibility for a conditional sentence, presumably because it was deemed sufficiently egregious to remain a purely indictable offence that carried a maximum sentence of life in prison. This decision is in line with the unanimous Supreme Court of Canada case of R. v. Proulx, which held that conditional sentences should not be imposed when the need for denunciation and deterrence is so strong that incarceration is the only way to express society's condemnation of the conduct or to deter similar acts in the future.
MADD Canada believes that impaired driving causing death and its associated refusal offence meets this criterion. We recognize that it would be uncommon to seek a conditional sentence for someone convicted of impaired driving causing death; however, any chance of this happening is too high when a life has been taken by the actions of another.
MADD Canada does not believe that a conditional sentence for impaired driving causing death should be an option at all. To allow the possibility for an impaired driver who has caused the death to serve his or her sentence outside of a prison would undermine the seriousness of the crime and adversely affect many victims and their families. We need to remember that this is a completely preventable crime that continues to occur despite years—decades—of advocacy and education efforts by MADD Canada, other organizations and indeed the Government of Canada, yet Canadians still make the decision to get behind the wheel of a car while impaired by alcohol or drugs, and in doing so, they take the lives of numerous Canadians each year.
We understand that the changes contained in Bill C-5 are made in part to address the systemic racism inherent in Canada's criminal justice system and we support this goal. However, the government has determined that some restrictions on conditional sentences are in line with this objective and are constitutional and that certain offences should remain ineligible for conditional sentences under Bill C-5. With this in mind, MADD Canada strongly recommends that impaired driving causing death in section 320.14(3) and the associated refusal offence in section 320.15(3) of the Criminal Code be added to the list of offences ineligible for conditional sentence in any circumstance, as has been outlined in clause 14 of Bill C-5.
Thank you for the time and the opportunity to present to you today. I'll now turn things over to Steve Sullivan, MADD Canada's director of victim services.