moved that Bill C-201, an act to amend the Criminal Code (operation while impaired) be read the second time and referred to a committee.
Mr. Speaker, it is my pleasure to lead off debate on my private member's Bill C-201. This bill deals with a very serious and tragic issue, impaired driving. There are people who choose to drink and drive and as a result kill people in this country. This is senseless tragedy that occurs every day far too often.
The bill deals with sentencing and punishment for those who choose to drink and drive and as a result of their choices kill. The bill will amend section 255(3) of the Criminal Code and will impose a seven-year minimum sentence on those convicted of impaired driving causing death.
Bill C-201 has its origins in my home city of Prince George, B.C. In September 1995 David Kevin Johnson chose to drink to the point of utter intoxication and then chose to drive despite his condition. He chose to get into his vehicle and drive. The result was that he recklessly sped through a red light causing a devastating collision in an intersection only blocks from my own home.
The collision killed three members of the Ciccone family, residents of Prince George. Jim Ciccone, his son Rylan and his daughter Emma lost their lives in September because of the completely irresponsible actions of a man who was driving a truck after he had made the choice to drink.
Mr. Johnson was arrested and charged with three counts of impaired driving causing death plus one count of leaving the scene of an accident. Mr. Johnson knew what he did. He knew the tragedy he caused. He fled the scene of the accident.
I witnessed the aftermath of that accident. I witnessed the tragedy and I followed the case as it went through the courts, through the media and other sources. I waited expectantly for Mr. Johnson's sentence with the belief that justice would be done and with the belief that the seriousness of this crime would be reflected in the sentence handed to David Kevin Johnson.
I waited, but these expectations were dashed on December 22, 1995. On that day David Kevin Johnson, who chose to drink, who chose to get into his automobile and as a result killed three members of a family, was given a three and a half year sentence because the judge said he was bound by precedents which resulted because over time cases had been heard in which defence lawyers had continually chipped away at what was once an appropriate sentence for this crime.
I was outraged that evening when I heard the sentence on the news. Citizens in my community of Prince George were outraged as well, and rightly so.
Public demonstration followed. Later that week there was a demonstration in front of the provincial courthouse. Over 300 people turned out to express their rage, their sense of bewilderment with the failure of the justice system to appropriately deal with this serious crime. People were enraged that such a light sentence could even be considered for such a devastating crime.
The citizens of Prince George were concerned and bewildered about the state of our justice system. Specifically they were concerned about sentencing procedures and practices. Many wondered what could be done to prevent another lenient sentence such as this in the future.
They came to me with their concerns and I heard them. In their view David Kevin Johnson was sentenced to one year for every life he took; one year. To them and to the majority of Canadians, and I sincerely hope to the members of the House, this is simply unacceptable punishment.
Accordingly I looked at the Criminal Code to determine exactly what I could do to change this. What could I do to enhance deterrence and ensure the penalty for this terrible crime would be suitable? My efforts led to the presentation of Bill C-201.
We did a lot of research into alcohol related fatalities and the fact was disclosed that sentencing is extremely lenient when it comes to impaired driving causing death. It is tragically lenient. Statistics show that the average sentence is in the one to four-year range even though the latitude a judge has is from zero to fourteen years. At one time sentences were in the higher range of that latitude. Now because of the system and the way defence lawyers have chipped away at appropriate sentencing, it sits in the very low range of that latitude.
The precendents in law today in no way reflect the seriousness, the tragedy of someone who chooses to drink and drive and who kills a family member, a friend, a neighbour, a Canadian on our highways. Surely life is more valuable.
Sentences handed down today in the courts for this crime, sentences for taking a human life, are not adequate. Drivers are given sentences that are equivalent to those for defamatory libel, possessing a forged passport or dealing in counterfeit money. Surely we must place a greater emphasis on human life. Surely we must do whatever we can to deter people from driving while impaired and killing people. Surely that is the least we can do. That is the purpose of Bill C-201.
I sincerely hope all members of the House share with me the tragedy of this crime. The bill seeks to place a higher standard on life. It places impaired drivers on notice that if they take a life because of the choice they have made, they will be subject to serious jail terms.
The lenient sentences that are given out today by the courts of Canada appear to remove the responsibility from the impaired driver who kills. It is as though being impaired allows the individual off the hook, should he or she drive while drunk and kill someone. I argue that this is wrong.
No one forces an individual to become impaired. No one can successfully argue that by any circumstance they are then forced to drive. We are talking about choices. Bill C-201 will hold impaired drivers who kill others responsible for their actions. I remind the House these irresponsible acts are going on all the time. They must stop.
There are some statistics which hon. members will find shocking. In 1994, 87,878 people were charged with the impaired operation of a car, a boat or a plane. It is important to remember this number represents only the people who were caught and arrested. It is estimated that it takes between 200 and 2,000 repetitions of impaired driving to make a single arrest. That means we have no idea of the number of people who are out there today behind the wheel of an automobile while impaired. They can kill.
The true number of impaired drivers will always remain unknown. If the true number were known, I believe there would be a massive outcry, far more than what we are witnessing today, from the people of Canada. If we knew the number of impaired drivers that were out on the streets as we speak, there might be a cry for prohibition, it is so massive. While prohibition is not in the cards, deterrence certainly is.
From the time we woke up this morning until the time we go to bed tonight, four families in Canada will be visited by police officers to be told that a member of their family has been killed by an impaired driver. Think about it. It happened yesterday. It is happening today. It will happen tomorrow and every day. That is the tragedy of impaired driving.
We never stop to think about it until it affects us, until we witness an accident, until a family member, a friend or a neighbour is touched by impaired driving. Who in the House has not been touched in some way? Who in this House has not had a family member, a neighbour, a friend or an associate touched by impaired driving? I would hazard to say there are very few in this House today.
There has been a 40 per cent reduction in impaired driving charges over the last 10 years which can be directly attributed to the harsher way we have been dealing with impaired drivers. Deterrence does work when it comes to impaired driving.
I have talked to many people who previously used to drink and drive who now take taxis or ask friends who have not been drinking to drive them home. I asked them why they changed their habits. Their answer was not that they did not feel capable of driving home but that they were afraid of being stopped by the police and charged. That is clear evidence that deterrence is a factor in reducing impaired driving and in dealing with drivers who drink.
More than ever, drivers are aware of society's contempt for impaired driving and they are aware of how an impaired driving conviction can ruin their chances of ever driving a car again. Nevertheless, as I noted earlier, there remains an untold number of people who continue to drink and drive.
Bill C-201 is targeted at those individuals. By imposing a minimum sentence, this bill will send an extremely strong message that the possible lethal consequences of impaired driving will not be tolerated in this country. The best thing we can do in Canada through this House is to make our impaired driving laws the toughest laws in the entire world. I know it may never get done but by God I will try.
I also put through Motion No. 78 which would see the appropriate sections of the Criminal Code strengthened with respect to impaired driving. This bill and the companion motion will provide a deterrent to keep impaired drivers off our streets, off our highways and out of our neighbourhoods.
There is no question that deterrence is needed. Impaired driving is the most frequent offence dealt with in the courts today. When we consider that impaired driving charges are dismissed or reduced in 40 per cent of the cases, we know that deterrence works and must begin to play a much larger role.
In Ontario impaired charges rose 40 per cent between December 1994 and January 1995. In 1993 in that same province, 565 of 1,315 auto fatalities were alcohol related. In 1994 a total of 1,414 people were killed as a result of impaired driving in Canada. This number is three times higher than the number of people murdered in the entire country in 1994 but the result is the same as murder. Yet impaired drivers who have chosen to get into a vehicle are simply given a slap on the wrist and the result could be that someone is dead as a result of their actions.
I have not talked about the significant financial costs of impaired driving. This is something we have to consider as well. The Ontario Medical Association estimates that it costs $100 million annually to deal with impaired driving injuries. Our courts spend the
majority of their time on impaired driving cases. We all know the cost of our court system today. We can quote precise figures when we speak of financial costs. That is easy. We have statistics. However, there is no way of measuring the real human cost when it comes to fatalities as a result of this action.
Of course there is the victim but there are also the victim's family and friends. They are left behind to wonder what they could have done to prevent the tragedy: "Should I have told my friend, my daughter, my husband or my wife to come home earlier, to not go out that night?" Tragically, it is the human cost.
This bill has the support of many organizations including Mothers Against Drunk Driving, Ontario Students Against Drunk Driving, Ontario Community Council on Impaired Driving, Young Drivers of Canada, Families and Friends Against Drunk Driving and Margaret Rywak, chair of the Nepean Committee Against Impaired Driving.
This is an issue which concerns all Canadians. I believe Bill C-201 will act as a deterrent and will more properly reflect the seriousness of the crime of impaired driving causing death. I ask all members of the House to understand the seriousness of the tragedy we are talking about and to support this bill.