Mr. Speaker, there can be no dispute about the potential for serious harm that impaired driving poses. Many of us, tragically, as was pointed out by members on the other side, know intimately the suffering that impaired drivers can and do cause. Our first reaction because of this as legislators, and a very understandable one, is to consider changing the penalties in the Criminal Code.
We should, however, clearly understand what the criminal law does now about impaired driving. We need to do this in order to ensure that we are proceeding wisely and not simply setting out upon a course, however well motivated, that will turn into a journey that does not lead us toward meaningful change. Only after such an understanding is reached can we then wisely consider whether there are appropriate changes that ought to be made to the Criminal Code.
Driving is a legal behaviour, given the appropriate provincial or territorial licence. Drinking alcohol is also a legal adult behaviour. Clearly one may engage in either behaviour separately and not offend against the Criminal Code. What the criminal law does prohibit is driving when one's ability to do so is impaired by alcohol. The code also prohibits driving with a concentration of alcohol in the blood that is greater than 80 milligrams of alcohol in 100 millilitres of blood. This is regardless of whether the person shows actual signs of impairment or not.
I understand that scientists have indicated that the significance of alcohol as a discreet factor influencing driving behaviour becomes demonstrable only above the level of 80 milligrams of alcohol. Therefore the present over 80 limit is one that can withstand scrutiny by the courts. It respects fundamental principles of criminal law relating to culpability being a limit that rests securely upon a foundation of blame worthiness which is demonstrable by study results that are statistically significant.
I want to turn to the penalties associated with the criminal offences that are committed by persons who consume alcohol and then operate a vehicle. Where the crown prosecutor can bring evidence proving that the drinking driver's pattern of driving was so bad as to constitute criminal negligence there is a maximum penalty of life imprisonment where the driver caused a death. Clearly this is the most serious maximum penalty available. If the criminally negligent driver caused bodily harm, the maximum penalty is 10 years imprisonment. Where driving behaviour is involved the proof which the crown prosecutor must offer in court for the offence of criminal negligence is a proof of very high divergence from normal driving behaviour.
The Code also has an offence of dangerous driving causing death. The level of behaviour required for this offence is less divergence from normal behaviour than the behaviour contemplated for the criminal negligence offence. The maximum penalty for dangerous driving causing death is 14 years imprisonment. For the offence of dangerous driving causing bodily harm the maximum penalty is 10 years imprisonment, the same as for criminal negligence causing bodily harm.
In 1985 Parliament amended the code to introduce the offence of impaired driving causing death. The level of proof of divergent driving behaviour or an impaired ability to operate a vehicle which the crown prosecutor must offer in court is far lower than would be the case in criminal negligence cases. This offence carries a
maximum penalty of 14 years imprisonment, the same penalty as the offence of dangerous driving causing death.
Parliament also introduced the offence of impaired driving causing bodily harm in 1985. This offence carries a maximum penalty of 10 years imprisonment, the same as the offence of criminal negligence causing bodily harm and dangerous driving causing bodily harm.
For impaired driving and driving while over 80 where no death or bodily harm is involved there are various minimum penalties available. For a first offence the minimum penalty is a fine of $300. For a second offence the minimum penalty is 14 days imprisonment. For a subsequent offence the minimum penalty is 90 days imprisonment.
Impaired driving and driving while over 80 can be prosecuted by summary conviction or by indictment. Where prosecuted by summary conviction procedure, the maximum penalty is six months imprisonment. Where prosecuted by indictment, the maximum penalty is five years imprisonment. The crown prosecutor's choice to select procedure by indictment over summary conviction procedure would be influenced by such matters as the circumstances of the offence and by the prior record of the drinking driver.
In addition to the minimum and maximum penalties there is a prohibition from driving anywhere in Canada which a judge is required to impose under the Criminal Code. The maximum prohibition from driving anywhere in Canada is three years. For a first offence the minimum period is three months. For a second offence the minimum period is six months. For a subsequent offence the minimum period is one year.
This prohibition period is a criminal law penalty and is separate from any provincial or territorial driver's licence suspension that might follow upon a Criminal Code conviction for impaired driving or for driving while over 80.
I should note that we have before the House some proposed amendments-