Mr. Speaker, I am pleased to speak on Bill C-201, introduced by the hon. member for Prince George-Bulkley Valley. This bill would increase the minimum sentence for impaired driving causing death to seven years.
I share the member's concern about the serious problem of impaired driving. Indeed, all Canadians share this concern. I would readily lend my support to any measures which would be truly effective in deterring impaired driving. The challenge is finding measures which are effective.
A seven-year sentence can be a reasonable sentence in some circumstances. In some circumstances it may not be enough and in other circumstances it may be too much. I cannot support the bill because I do not believe we should limit a trial judge's discretion in sentencing in this way. The sentence must be proportional to the
gravity of the crime. This longstanding principle of the criminal law is a fundamental principle of sentencing. The proposed amendment would be inconsistent with that principle and for that reason I cannot support it.
The current law provides that the maximum punishment for impaired driving causing death is 14 years imprisonment. In some cases this may not be enough. Bill C-201 proposes a minimum sentence of seven years imprisonment be added to the section.
I am aware that the public is often outraged by the sentences imposed in individual cases, sentences that often do not appear to reflect the severity of the crime, or do not come close to the maximum set out in the code. This is one of the primary reasons for including the principles and purposes of sentencing in the Criminal Code. I am confident that these measures will ensure greater consistency in sentencing for similar offences. The fundamental principle as expressed in section 718.1 of the Criminal Code is: "A sentence must be proportional to the gravity of the offence and the degree of responsibility of the offender".
Imposing a minimum sentence for one particular offence in response to public outrage over particular cases where the sentence was considered inadequate is not a long term solution to any of the problems caused by impaired driving. It is not how our criminal justice system should be changed and is not in keeping with the fundamental principles of sentencing.
The issue of minimum sentences was fully canvassed by the government in the mid-1980s before the Criminal Code amendments to the impaired driving provisions were passed in 1985. The 1985 amendments added two new offences, impaired driving causing bodily harm and impaired driving causing death, with maximum penalties of 10 and 14 years respectively. No minimum sentences were provided because a conviction for such offences is based on fault.
To prove the offence it must be proven beyond a reasonable doubt that the impaired driving resulted in the death or bodily harm. Similarly the sentence imposed must also take into account the degree of fault of the offender. For example, if a pedestrian runs between parked cars into the path of an impaired driver and is killed, should the impaired driver receive the most severe punishment permitted under the code? While his impaired driving may have contributed to the accident because a sober driver could perhaps have avoided the pedestrian, it may well be that even a sober driver would not have been able to avoid the accident.
The impaired driver must of course be punished for driving while impaired. However, I would not agree with a minimum sentence approach that ignores the many other factors considered by a judge when drafting a sentence, including the offender's record which may not have included previous impaired driving charges.
We must ask ourselves whether a minimum sentence would deter impaired driving behaviour. I do not believe it would. Our efforts to reduce and ideally to eliminate impaired driving have to focus on early prevention and perhaps even a zero tolerance for drinking and driving. Perhaps we should be considering a reduction of the .08 standard that is now part of the Criminal Code.
In addition to the law, there must be strict enforcement and greater public awareness and education. This is the approach we have been taking in Canada and throughout North America for the past 15 years. This approach has been successful. It has not reduced impaired driving to zero, but significant reduction in the number of charges of impaired driving and impaired driving behaviour have been experienced. We have to a large extent changed the public perception of drinking and driving. It is no longer socially acceptable as it once was. Through the combined efforts of federal and provincial governments and municipalities across Canada, this trend should continue.
Impaired driving is a unique example of where both federal and provincial laws operate. The Criminal Code sets out a range of offences including impaired driving; driving with a blood alcohol content over .08; refusing to provide a breath sample; driving while disqualified; impaired driving causing bodily harm; and impaired driving causing death. Penalties vary with the seriousness of the offence.
In addition to the federal criminal provisions, the highway safety legislation of all provinces imposes sanctions on impaired drivers in accordance with the provinces' responsibilities for driver and vehicle licensing and highway safety. Even before a driver is convicted of impaired driving, some provincial laws impose licence suspensions for up to three months. Upon conviction for impaired driving, a driver's licence will be suspended for a period of six months to five years, depending on the province and the driver's previous record.
Some provinces have legislation to impound the vehicle driven by drivers while their licence is under suspension. The combined effect of these provincial and federal laws has had an impact on reducing the occurrence of impaired driving.
As my colleague has pointed out, when tragedy occurs the inadequacy of the law is often singled out as the cause. Some members seem to believe that so long as a law is transgressed it is not efficient and the penalties are not high enough. I do not share this view and I believe it is a rather naive way of seeing things.
It does not necessarily mean that our laws are to blame because they are infringed. However if our criminal law is in need of reform, I would fully support a comprehensive reform based on adequate research and consultation rather than on a speedy amendment. I know we would all readily support initiatives that could be shown to bring about further reductions in impaired driving.
I should point out that Bill C-17, an omnibus piece of legislation which is awaiting second reading, proposes a range of amendments to improve the criminal law. Included in that package are a number of amendments to improve the impaired driving provisions, including clarification of the provisions regarding mandatory prohibition orders and the use of evidence in blood samples. Bill C-17 demonstrates that this government is prepared to make changes and effective amendments, amendments which follow from adequate research and consultation and which are consistent with the underlying principles of the criminal law.
I do not wish to suggest that our laws are perfect. Indeed there is always room for improvement. The incident the member referred to in his speech during the first hour of the debate on this bill where an individual killed three members of the same family while driving impaired and was sentenced to three and one-half years is a sad one. The judge had the discretion in that case to impose a sentence of 14 years but he chose not to.
All members of this House should work together to develop solutions that will lead to reducing impaired driving. This does not necessarily mean changing the law. It means speaking out against impaired driving at every opportunity, supporting community programs, supporting groups like MADD and PRIDE, spreading the message that Canada does not tolerate impaired drivers.
However the solution is not to take away judicial discretion. If changes to the criminal law are needed, let us do it right and look at the advantages and disadvantages of various options and their effectiveness. I do not believe that Bill C-201 is the solution and I cannot support it.