Mr. Speaker, impaired drivers kill innocent Canadians. No one in the House would dispute that fact which is so obvious. The question therefore is to what extent do our laws deter the impaired driver from getting behind the wheel of a car. I would like to contribute my perspective on this matter highlighting some
of my firsthand experience which I gained as a police officer who served in Calgary for 22 years.
First I can say with assurance that the current Criminal Code section 255(3) penalty for impaired driving causing death is not tough enough. When I say that it is not tough enough, I mean that the penalty is by no means an effective deterrent. I would argue that many lives would be saved if the penalty for impaired driving were increased, that is, through increased deterrence.
For my soft on crime friends, let me be precise as to say that the philosophy and definition of deterrence is just that, deterrence. The key instruments of deterrence are the certainty and severity of punishment. Deterrence prevents crime and saves lives. When potential offenders, considering the risks and severity of punishment, decide to commit fewer crimes, logically the number of people willing to commit crimes decreases as the danger of punishment increases.
Consequently the Criminal Code amendment presented today by my colleague from Prince George-Bulkley Valley is not only good legislation but one which is desperately needed by frontline police officers, attorneys general and prosecutors for the crown to deter drunk drivers everywhere.
At present section 255 of the Criminal Code provides a 14-year maximum penalty for impaired driving causing death. The legislation proposed today would require a judge to prescribe a minimum seven year penitentiary sentence to any individual convicted of drunk driving causing the death of a human being.
I can relate a situation that happened in my own riding not too long ago where an impaired driver ran over a seven year old boy, dragged him down the road. The boy died. The driver looked at him laying on the road, got back into his car and drove away. The court case finally came about and the individual driving that car got only nine months. That is totally insufficient. It shows that the sentencing in Canada is far too lenient for impaired drivers.
Let me also say however that the criminal justice system in Canada is at a crossroads. Two competing visions of the future direction of the criminal justice system exist. One view which is promoted by socialists argues that the failure of the criminal justice system to stem the increase in the long term trend of crime can be remedied through the welfare state criminology. This view espouses the belief that the solution to criminal behaviour is to redirect resources away from the punishment of crime toward alternative measures and jailing.
With alternative measures, just exactly what is going to happen now with that provision on the books to an impaired driver and one that may even kill someone? If an impaired driver will receive nine months now for killing someone, what are alternative measures going to do? They argue that crime is a product of social conditions and that the most effective remedy is for the state to intervene through programs such as stepped up welfare payments and other tax funded social experiments.
Thirty years after the first programs of Liberal criminology and penology were introduced, violent crime has increased by 400 per cent. I cannot see why impaired driving causing death should not be considered a violent crime. Property crimes have increased by 500 per cent. And impaired drivers continue to maim and kill innocent Canadians. For this reason, it is time to change the course of our criminal justice system back toward a system that deters criminal conduct through rigid sentencing guidelines for serious crime. Impaired driving causing death certainly falls into this category.
If there is any doubt as to why this type of legislation is needed, consider the lenient sentences handed down by soft on crime judges. Let us look across the country. Regina v. Lewis, New Brunswick 1992: The accused killed a woman after crossing the centre line of the highway. The accused received a one-year sentence. Regina v. McLean, Ontario 1990: The accused struck a motorcycle and killed its rider. McLean received only a two-year sentence. Regina v. Elkas, Ontario 1990: Elkas rear ended a car and killed two people. Even though the accused had a lengthy criminal record, the judge ordered only a four-year sentence.
Let us look at some other facts. In 1994, 87,838 people were charged with impaired driving. Also in 1994, 1,414 people were killed as a result of impaired driving, which is three times higher than deaths resulting from murder. Ninety per cent of impaired drivers are primarily responsible for fatal crashes in which they are involved. Out of the 1,315 fatalities in 1993 in Ontario, 565 were alcohol related. The statistics go on and on and on.
I will conclude by saying that every member in this House has an opportunity to take some action on this type of crime. I would urge them to vote in favour of this bill.