Mr. Speaker, we were debating Bill C-32, An Act to amend the Criminal Code (impaired driving).
As the deputy justice critic and like my party, I consider the bill very important because it aims to provide the instruments required to enable police to fight impaired driving effectively. I do think, however, that we must look more closely at certain elements of this bill, as the proposed additions warrant analysis to ensure their real effectiveness.
Among the concerns I would like to share with the House is my hope of meeting experts and groups in the course of the deliberations of the Standing Committee on Justice who can shed light on the following points. First, as this committee's report entitled “Toward Eliminating Impaired Driving" rightly pointed out, the nature and the legislation pertaining to the concept of “reasonable grounds” used by the police to have people tested must be defined. This definition would be vital should a driver suspected of driving while impaired refuse, because it would become a criminal offence. This is in fact what the current bill is proposing, but it remains fuzzy as to the “reasonable grounds” used by the police.
In addition, it would seem basic to find a proven screening test that is both quick and non invasive. Do we have the technology? Which drugs are we screening for? I think this warrants our attention, since, with the variety of drugs currently available and their various effects on the human body, it becomes increasingly relevant to look at the methods and scientific processes used in screening.
But again, how are we going to distinguish between illicit drugs and legal drugs, prescription medications, that is? A person can be in legal possession of those medications, but the person's faculties may be impaired by their effects, effects that are clearly stated in the warnings given about the medications.
And then, in logistical terms, do we actually have the equipment that would enable us to do a simple roadside test for all drugs, as we do for alcohol with the breathalyzer? Let us recall that the bill would authorize the police to do a drug test during a roadside spot check. It is therefore important to have very effective, tested tools, to keep potential legal challenges to a minimum. As well, this must be done with utmost respect for the spirit of the Charter, and they must be as constitutional as possible. We often think of taking a blood sample as an intrusive action. In addition, there is the fact that it sometimes takes a long time to get the results of a blood analysis, so the offender has to wait to know whether charges will be laid against him or her.
As well, in legal terms, all of these complications have to be avoided so the bill does not end up in interminable court challenges. As members probably know, impaired driving, particularly driving with a blood alcohol level over 80, is one of the offences in the Criminal Code that is most difficult to prove. As I noted earlier, the “two beer” defence is a perfect example.
Let us also not forget the prohibition set out in clause 8(3) and 8(5) on using oral testimony alone to defend against an incorrect charge. We should give this our full attention in order to determine whether it is valid.
Last, in social terms, impaired driving awareness campaigns have in fact had some success in reducing this kind of offence. Will there be financial and human resources allocated, however, for an education campaign about driving while impaired by drugs?
We must also not forget that the higher fines proposed by Bill C-32 will certainly have a greater effect on lower income brackets in the population than on the more well-off members of society.
These are a few points that show, beyond any doubt, how important it is to work on this bill and make it into something even better.
I repeat that the Bloc Québécois takes this matter very seriously and will participate in developing standards and measures that are intelligent and effective for achieving the desired results. As well, we support initiatives to provide law enforcement agencies with concrete and effective methods for enforcing laws that are designed to deal with driving while impaired by alcohol and other drugs.
That is why we are prepared to support Bill C-32, so that it can be referred to the Standing Committee on Justice and Human Rights. The committee would then be able to study the bill in depth and call witnesses who could offer their expertise. As well, it could propose the amendments that it thought necessary in order to make Bill 32 even more effective.
I will add that we still have reservations about some aspects of this bill, which I described earlier. I therefore hope that the government will work constructively with all opposition parties so that those reservations are taken into consideration and the result is useful and effective legislation.
To conclude, therefore, I hope that all of the points I have raised will be addressed by witnesses and experts who will respond to them when they appear before the Standing Committee on Justice and Human Rights in the near future.