Mr. Speaker, I am pleased to make my closing comments on the legislation.
My private member's bill is about saving lives. The bill was designed and drafted by Mothers Against Drunk Driving. Louise Knox, the president of this organization, lives in my constituency. We have talked many times about the devastation caused by drunk driving. Her son was killed by a drunk driver. She knows the loss a family can feel as a result of this completely unnecessary death.
The bill tries, in a very reasonable way, to eliminate two of the most commonly used technical defences for those who are guilty of drunk driving but get off on technicalities. They hire a good lawyer, go to court, get a soft judge and get off on technicalities. The purpose of this legislation is to protect against that to save lives.
I cannot imagine why anyone in the House would not support the legislation. In fact the parliamentary secretary, in the last hour of debate, gave his reasons why the government, or members of the Liberal Party, might not support the legislation, and they were absurd. I am will read them so members can see just how ridiculous this argument is. Normally, I would not use that type of strong language, but I think it is being factual. He said:
Bill C-452 would impose a new and highly unusual requirement upon an accused person. In order to challenge the result of a breath or blood test, an accused would have to prove one of four things: first, the analysis was faulty; second, the equipment was faulty; third, the procedure was faulty; or, fourth, the accused drank alcohol after driving but before the testing.
The parliamentary secretary was arguing that requiring the accused to prove one of these things was unreasonable. He even went so far as to say that it somehow went against charter protection.
However, let us just examine whether that is the case. What I am talking about are the two most commonly used defences to get drunk drivers off the hook. My colleagues have presented the information effectively on these two defences, but I am going to present them once more and then quickly show how absurd the parliamentary secretary's arguments are.
The courts until now really have interpreted the Criminal Code in a manner that results in the evidentiary breath or blood test results being thrown out solely based upon the accused's unsubstantiated and self-serving testimony.
People go to court, accused of drunk driving, and say one of two things. In the case of the Carter defence, they say that they only consumed a small amount of alcohol. Even though the tests showed they were clearly drunk, based on the evidence they presented, that they had only consumed a small amount, they could not be guilty because their blood alcohol concentration simply could not have been that high.
In the other case, that of the last drink defence, they say that when they were tested their blood alcohol level was above the legal limit, that they were driving drunk according to the test, but what they did was guzzle back a bunch of booze just before the police stopped them. Therefore, while they were drunk according to the test, they were not drunk while driving. Believe it or not, some courts, with the right judge and the right lawyer, allow these defences to stand.
The parliamentary secretary says that it is unreasonable for the accused to require evidence that the test was wrong. The legislation says that if the tests are done appropriately, then that individual should be found guilty. The parliamentary secretary argues that it is an unreasonable thing to require. But is it? When the roadside test is consistent with the tests done a couple of hours later and is consistent with what the police officer saw, should that not be enough to convict the drunk driver, unless the accused can prove that the machine was faulty or that the proper procedure was not followed or specifically that something else was done wrong?
I would argue, for the sake of saving lives, the bill should be passed so the strong evidence that the machines provide will stand up in court and these technicalities will no longer get drunk drivers off the hook and lead to these needless deaths across the country every year.