Mr. Speaker, I am very pleased to rise on the heels of the previous speaker and all speakers who have participated in the debate. I commend each and every one of the participants who have taken part tonight and those who have taken part in the extensive consultations and efforts that were made to bring the legislation to fruition.
It is truly a very important response to what can only be deemed a national tragedy. It has been a very long and arduous process to arrive at the point where we are today. More important, it has been a long and arduous process for victims and groups like MADD, the Canadian Police Association and many others that constantly kept this issue at the forefront. Finally there has been a legislative response.
I acknowledge those groups and the efforts they made. The Victims Resource Centre was another group that was instrumental in bringing forward important issues at the committee level. It was very helpful in facilitating the testimony of many victims.
The victims themselves were those who had the most impact and had the most direct testimony to give. It was helpful and extremely useful in the formulation of many of the legislative initiatives which will be very instrumental in helping to protect Canadians and hopefully in helping to prevent some future tragedies on our roads and highways.
There have been many references to the fact that there are few members, and in fact few Canadians, who have not been touched at some point in their lives by some tragedy stemming from impaired driving, such as the hon. member for Chicoutimi, our party whip and the deputy leader of our party from Saint John. This tragic list goes on and on. Senator LeBreton is another example of someone who was very directly affected in this regard. She has been a very strident advocate of necessary changes to this legislation.
The remarks of my hon. colleague from the NDP were quite apt. Summer is approaching. Celebrations are afoot. Families are spending time together. I understand the House will be recessing soon and people's thoughts turn to vacation. Sadly a lot of drinking is often involved in those occasions.
If we can give any gift to Canadians, if we can participate in an effort to educate and respond in a responsible way to drinking to prevent tragedies and further carnage on our highways, this is perhaps the best and most telling thing we can do.
The efforts that have been put into the legislation hit some snags. The non-partisan nature of this legislation is very much borne out by the comments we have heard today. It is the implicit and intrinsic good found in the legislation which allows us to pass it quickly and to deliver it to Canadians in a meaningful way, which is what will happen.
Much has been said of the statistics that attach. One of the most chilling statistics I heard during the deliberations was the fact that 13,000 deaths and 90,000 injuries yearly were related to impaired driving. That breaks down further to 4.5 Canadians killed or 125 severely injured daily on our roads and highways as a direct result of impaired driving.
The statistics go further. We know that the human effects are not borne out by cold statistics. It is much like the sterile atmosphere we find in a court room where victims are often sitting there trying to make some sense of what has happened, some semblance of understanding of the effect it has had on them. These statistics are useful in demonstrating the need for a legislative response, the need for a strong deterrent message borne out by the legislation.
Changes have been brought about as a result of legislative initiatives and tougher sanctions. When I speak of sanctions I am talking of monetary penalties, periods of incarceration and periods of suspension or prohibition on driving. All three are very important cornerstones or underpinnings of the legislation.
Because of the statistics and the need for a speedy and expeditious response, I believe the provisions we see before us will have an effect. I suspect their impact will be immediate in the sense that some of these provisions in particular empower police officers to do their job in a more efficient and protective way when it comes to dealing with the problem of impaired driving.
I am speaking specifically of the ability now for a police officer to take a sample outside of the two hour time limit which was a static period of time that often left officers, victims and Canadians generally feeling very frustrated that police were being curtailed in their efforts to deal with impaired drivers on our roads and highways. There is obviously more that can be done. There have been lengthy discussions about some of the changes that we will not see as a result of Bill C-82.
It is very important to highlight some of the very positive aspects. Those aspects have been touched upon by previous speakers, such as the increases in fines and in prohibitions.
Some provinces in their provincial jurisdictions have taken their powers to the point where they are now seizing vehicles. I believe that this is a very important step. By taking away the car it removes from the offender the actual instrument of death. I believe that also sends a very important message. It is a message of deterrence and a message that this type of activity will not be tolerated because the stakes are too high. The human cost, the loss of life, the injuries and the life altering end results of impaired driving, is what all of these provisions are aimed at attacking.
There are increased penalties and an increased ability for judges to mete out sentences that are more reflective of society's abhorrence of this type of offence. It is also reflective of an overall attitudinal adjustment or shift in the way we have viewed this type of offence. For some reason, for far too long this has been somehow an acceptable behaviour. Perhaps acceptable is casting too broad a net, but it has been tolerated by our courts and our judiciary. Generally, we have not viewed this in the serious light that we should.
Previous speakers have touched on an important point. When a person's life is snuffed out through a careless act and a preventable crime occurs, the responsibility is there for our judges, our judicial system and our legislation to respond in a very strict way. That is what the legislation attempts to do. It puts more teeth into the Criminal Code. It is a more proportional response to the offences that alter people's lives and leave people dead, injured and shattered as a result of these types of offences.
We seem to have a much different tone in the debate here in the House of Commons than the very arduous one that took place at the committee level. The emotion that was invoked in those discussions and deliberations was quite reflective of the response and the need to respond on this particular issue.
Sentencing judges now have very proactive tools at their disposal. They have the ability to require a convicted impaired driver to have an interlock device. This is a very innovative approach. It will take away the ability of drivers to start their vehicles unless they provide a breath sample through an instrument that will be attached to their vehicles. The car will not start without the provision of a breath sample. That technical device interprets and reads the blood alcohol concentration in a driver's breath before the car will actually start. This type of approach is very innovative and positive in terms of allowing impaired drivers to get on with the rehabilitation.
We talk a great deal about the deterrents, the need to annunciate this type of offence and the need to respond in a harsh way. However, we cannot lose sight of the rehabilitative steps that have to be taken because this affects so many people. We can attend any provincial court in any province or region in the country and time and time again, when those arraignments are read, a disproportionate number of those offenders will be before the courts for impaired driving offences. Statistically, we know that these offences are still occurring at an alarming rate. One can only hope and pray that the steps we are taking here with the legislation that is now before the House will in some way start to curb those numbers.
I think the numbers bear out that we are starting to see a decline. It is a slow decline but it is steady. The attention that has been brought to bear on this issue and the efforts that have been made in committee go a long way to achieving some of these gradual steps that are occurring.
The interlock devices are but one attempt at this rehabilitative process that I spoke of. Another step is the mandatory treatment aspects that are now in the hands of a sentencing judge which gives a judge the ability to mete out a sentence that requires a person convicted of impaired driving to submit to counselling.
This counselling aspect ties in with what is an obviously inextricable element to impaired driving because many of the offenders have an alcohol addiction problem or a drug addiction problem. This is another often overlooked element of impaired driving. Many of those who take a risk and get behind the wheel are impaired by other substances which may be prescription or illicit drugs. These substances still have a very impairing effect on the driver which often results in tragedies; accidents and deaths on the highways.
Drunk drivers should be required to submit to a form of counselling wherein they would receive treatment for what is sometimes and has been deemed on many occasions to be an illness and an addiction problem. It is the repeat drunk driver, the hard core drinker who repeatedly takes a risk, who is responsible in the majority of cases for the death, carnage and loss of life and limb on the highways.
There are very proactive attempts and very deterrent oriented effects found within the legislation. Mr. Speaker, you are very aware of the issue and have spoken in this place on occasions on this issue as well. I think it is something that Canadians have waited a long time for. We are hopeful.
I commend all members of the committee and the Minister of Justice for recognizing that this as a priority issue. We are thankful that now, through the co-operative efforts and the negotiations that are literally, as the House leader of the opposition has said, taking place at the 12th hour, that we are able to bring forth this legislation in a timely fashion.
One of the elements that is missing from this legislation that was previously included in the report and in the draft legislation is the ability of a judge to hand down a sentence of life imprisonment where a person's impaired driving causes a death. I personally have strong feelings about the deterrent message that this would send.
We know that the sentencing range for this type of offence was previously punishable by incarceration of up to 14 years, but the benchmark appears to have been in the range of 8 to 8.5 years. I suggest that if we raise the ceiling to life imprisonment, we will see judges respond appropriately and proportionately across the country and ratchet up those sentences to reflect society's abhorrence of this. This would also send the message that this type of offence is no different than murder.
When I say murder, I am talking about the current murder provisions in the Criminal Code that allow for and permit sentencing judges to impose life periods of incarceration for manslaughter, criminal negligence causing death and second degree murder which do take into consideration culpability. Alcohol, of course, is obviously the mitigating factor and, I would suggest, an aggravating factor in the determination of an appropriate sentence.
Because of the shocking statistics and because of the human cost and human element to this, I feel that empowering judges with this range of sentencing is an important part of the legislation. Sadly, we were not able to include that in the current legislation. However, I have the written and verbal assurances of the government House leader and the Minister of Justice that all efforts will be made to have this included.
If we are not able to pass legislation in this session, which appears unlikely, we will enter a stand alone bill that would permit the insertion of this particular section into the Criminal Code empowering judges with the range of sentencing up to life imprisonment. We will introduce that this week and then return in the fall to again have an opportunity to bring that section to fruition and have a debate here in the House of Commons.
One expression I believe that was used by the parliamentary secretary was a reference to Russian roulette and the obvious risk that congers up in one's mind when one talks of impaired driving and getting behind the wheel while impaired and the endangerment to others' lives. It is an apt statement.
There was a provincial court judge of Sunnybrae, Pictou County, Judge Clyde F. MacDonald who sits in the Glasgow provincial court who often used to say to impaired drivers who appeared before him that their actions were no different when they got behind the wheel of a car and drove down a highway than pointing a loaded gun at every car that came on to meet them.
I think that graphically illustrates the danger that is involved. One only has to pause for an instant and think about that scenario when we are driving home at any time of day and thinking that the car that is coming to meet us at a high rate of speed, speeding down the road, that several thousand pound piece of metal could veer off into our lane and take our life or the life of a loved one. Sadly, that is the reality of what takes place in far too many instances.
At the justice committee we heard from a young woman by the name of Sharleen Verhulst who lost her beloved sister in a tragic impaired driving accident. She has turned the negative energy that would flow from that and the absolutely tragic circumstance into a very positive action. She has taken her message, her very powerful presentation, to the committee, to high schools and groups across the country. She has made very useful suggestions to us, as did many other groups and individuals who appeared before the justice committee. They all made a very positive contribution which is reflected in the legislation and in the report that we have before the House.
The death of a victim is final, chilling and culpable. There needs to be greater accountability and responsibility on behalf of those who are willing to take the risk. This legislation is extremely positive. I have very little to say about it in a negative way.
The only criticism I have is that in some instances it may not go far enough and in some instances I question the resources that will be allocated to allow for the enforcement of some of these provisions. I speak mainly here of a lack of resources that are currently available to our municipal and federal police enforcement agencies.
There is also a degree of semantics and a degree of language that surrounds this discussion. Many of the victims, including Ms. Verhulst, were insistent that we do not refer to impaired driving accidents as accidents because they are not accidents. There is this degree of culpability. There is this degree of intent when a person recklessly consumes alcohol, gets behind the wheel of a car and assumes that risk. They do so at their own peril and at the peril of any innocent bystander who may then come into contact with them.
Vehicular homicide is perhaps a more appropriate phrase and a more appropriate way to describe this type of offence. This legislation is going to come into effect this summer, and we are thankful for that. However, as has been previously stated, there is still more work to be done. There is more work to be done in empowering police to respond appropriately.
We in the Conservative Party would very much like to see police officers being given the ability to take an automatic breath sample at the scene of an accident where there is reasonable and probable grounds to believe that alcohol is involved. We would like to see a greater emphasis and experimentation for alcohol sensors and that type of technology. We would also like to see greater training for police officers to recognize drug impairment.
With all that said, I believe this is a positive step that we have seen. It is a non-partisan issue that we have all anticipated in and embraced. I am very thankful to have been a participant in bringing the legislation this far. We look forward to working with the groups that have been so instrumental in the introduction.