Mr. Speaker, I am pleased today to respond to Motion No. 116 introduced by the hon. member for Winnipeg--Transcona. The motion calls for the government to consider criminalizing the use of cellphones while driving.
Clearly it does identify a serious issue for Canadian society. However let me state at the outset that I cannot support Motion No. 116 for a number of reasons, but let me explain.
Many activities when combined with driving can decrease attention to the task of driving. One aspect of this broad area of driver distraction is driving while talking on a cellular telephone. I understand that the Minister of Transport and his road safety officials are closely monitoring the safety research in the area of driver distraction.
With regard to the criminal law aspect of driving while using a cellular telephone, there is currently no specific criminal offence for simply driving while using a cellular telephone. However it is very important to note that section 249 of the criminal code does criminalize the driver who carries on an activity to the point that it causes such deterioration in the driving that the driving actually becomes dangerous. In some circumstances using a cellphone could contribute to creating a situation of dangerous driving within the meaning of the criminal law, and this is so, regardless of whether the cellular telephone is hand held or hands free.
In 1985 parliament strengthened section 249 of the code by adding two new crimes: causing death by dangerous driving and causing bodily harm by dangerous driving. In the year 2000 parliament added to the criminal code two other amendments related to the failing to stop for police provision, namely flight from police that is aggravated by dangerous driving that causes death or flight from police that is aggravated dangerous driving that causes bodily harm.
Members of the House will recall that the dangerous driving amendment of 2000 came about through a private member's bill tabled by the hon. member for Pickering--Ajax--Uxbridge. It is my understanding that those countries and states that do have some legislative ban on cellphones typically prohibit only the use of hand held cellphones while driving. Drivers are able to legally use hands free cellphones. Prohibition is accomplished under the traffic safety legislation and not under criminal legislation.
I remind the House that in Canada it is the provinces that have the constitutional legislative responsibility for property and civil rights matters within the province. This encompasses many matters that are related to traffic safety. Also, provinces are responsible for driver licensing. So far only the province of Newfoundland and Labrador, as has been pointed out, is contemplating provincial legislation that would prohibit the use of cellular telephones while driving. On the other hand, Alberta has reportedly decided that it will not prohibit the use of cellphones while driving.
It is my view that we have a balance in Canada that is very appropriate. If a province wishes to ban the use of cellular telephones as a matter of road safety and collision risk, it is free to do so. It is also free to choose what exceptions, if any, there should be to such prohibition.
I do not believe there is any need for parliament to create a specific crime for simply driving while talking on a cellphone. To do so could in effect overturn the decision of a province, such as Alberta, to leave drivers who use the cellphone alone.
I am comfortable with this Canadian approach because I know that if driving while using a cellphone amounts to dangerous driving under the criminal code, then the police can lay a criminal charge under section 249 regardless of whether the provincial legislation permits cellphone use while driving or not. Any provincial permission to use a cellphone while driving cannot be used as an excuse to committing the criminal offence of dangerous driving.
Many Canadians who are very prudent in their driving habits will never talk on any cellphone while driving. This no doubt is the safest course. Other drivers will talk only on a hands free telephone and only when parked. Still others will talk on the hand held units if their province does not ban it without driving in a manner that is dangerous.
The criminal law is society's strongest sanction against behaviour that is typically morally blameworthy or dangerous. When looking at a particular kind of conduct we must ask ourselves whether the criminal law is the most appropriate instrument to address the conduct or whether other measures might better serve the purpose.
In the case of driving while using a cellphone without any hint of dangerous driving, provinces can choose to prohibit this activity. A driver could receive a fine, or a ticket and possibly a driving licence suspension were a province to create such legislation. However if parliament were to criminalize the act of driving while talking on a cellphone, the cohort of individuals who now use cellphones while driving and who could be criminalized would be enormous.
The hallmark of an offence placed in the criminal code is that incarceration is part of the range of potential penalties. A conviction carries a criminal record that could disentitle the offender from entering a foreign country. Given recent world events there may be countries that would make the decision to exclude any visitor from Canada who has a criminal conviction without considering whether the same behaviour is permitted in the home state or country.
Before turning to the criminal law as a solution there must be other instruments that could be chosen if it is desirable to end the behaviour of driving while using a cellphone. Driver education, provincial driving licence measures and provincial fine measures immediately spring to mind. These may well be more appropriate in addressing many forms of driving distraction and not just driving while using a cellphone.
If a cellphone presents a driving distraction problem that requires the weight of criminal law, then what other driver distractions might also require the weight of criminal law? Would it be necessary to criminalize other distractions even when they do not result in actual dangerous driving?
I appreciate that Motion No. 116 brings forward a serious matter for Canadians. We are all concerned about road safety. However I cannot support Motion No. 116. Our criminal law already does criminalize cellphone use while driving that results in dangerous driving. If provinces wish they could act through provincial legislation to prohibit cellphone use even if it does not result in dangerous driving.
The government does not happen to agree that driving while using a cellphone requires parliament to employ the criminal law against this behaviour.