Mr. Speaker, the hon. member keeps talking about gutter politics. I do not understand why my discussion of criminal law provisions should be called gutter politics.
Apparently there have been some differences on the amendments contained in Bill C-17. These amendments are aimed at ensuring that periods where the convicted drinking driver is imprisoned will not be deducted from the period of the prohibition from driving. The approach of various provinces and territories has been different in this matter and the amendments will clarify the approach to be taken.
The penalties in the drinking and driving provisions of the Criminal Code represent a measured approach to the drinking and driving crimes. They are serious penalties. We should be very careful not to confuse challenges in investigating drinking and driving crimes or the heavy onus on the crown in proving drinking and driving crimes beyond a reasonable doubt in order to obtain a conviction with the sufficiency of the penalties we presently have for these crimes.
We should remember that provinces may also use their legislative powers in areas relating to driver licensing and suspension and in the area of highway safety to address the problem of drinking and driving. For example, some provinces have chosen to use a lower blood alcohol concentration limit with regard to the suspension of licences than the criminal law might be able to justify using when creating a criminal offence. Also, some provinces have chosen to use administrative roadside suspensions of driving privileges for drinking drivers which take effect immediately. Such suspensions are not criminal law penalties. Under fundamental principles of criminal law, criminal penalties can follow only upon a conviction for a crime and cannot proceed a conviction.
This should remind us that the criminal justice system and the criminal law, including penalties, are parts of a combined effort to address the problem of impaired driving and driving while over 80. The concerted effort of governments, educators and community groups against drinking and driving can be traced to the implementation of the 1985 amendments to the Criminal Code. In my view the Criminal Code penalties are already serious penalties, containing deterrent value. To increase the criminal penalties would not at this time mean that people would be more deterred from drinking and driving than they are currently with criminal law penalties.
Thankfully, over the years there have been increasing efforts by provincial governments in the area of provincial highway safety legislation and licensing which have contributed toward a solution to drinking and driving crimes. Similarly, education, which really is the true answer, and example in the home contribute to the solution. The alcoholic beverage and hospitality industries have also taken a role in reducing drinking and driving problems.
In my view the present Criminal Code penalty along with the amendments that relate to prohibition in Bill C-17 do provide-