Justice committee  It would start with “a comprehensive review of the provisions of the Criminal Code with respect to impaired driving, including any regulations related thereto”—

Justice committee  —“and shall, within six months after the review is undertaken, submit a report—”.

Justice committee  That's fine.

Justice committee  Well, practically, I think the committee would in due course insist that it would look at the regulations. It has been a few years since I was a legislative drafter in Manitoba, but if the wording were “a comprehensive review of the provisions of the Criminal Code with respect

Justice committee  The heading would have to be adjusted. I'm not sure that's been done. So proposed subsection 259(1).... Right; sorry, this is the wording we have in the code now. It's there. No need to replace it in this act with the very same words. So I would suggest it's fine.

Justice committee  I was just checking with Ms. Kane, because she's above me in the hierarchy. The minister would have to advise cabinet if a bill was not charter-compliant. I do know, though, that the previous minister signed off on the memorandum to cabinet, which includes a section on charter

Justice committee  I was just going to add to what Mr. Pruden said. We must remember that the double charge may very well have been laid--the impaired driving and the “over 80”. And if the crown has very good evidence of erratic driving and all—the smell of alcohol, the bloodshot eyes, the person i

Justice committee  With your permission, Mr. Speaker. In developing the changes before you, we initially sought guidance in legislation in other countries, specifically Australia and New Zealand. In those countries, the two-beer defence is not possible, but this is because people are told that, if

Justice committee  It varies. It seemed to me that the situation was worse in Ontario than in several other provinces, but complaints have been raised in all provinces. But I have to tell you that the Alberta representative on our committee said that it was not really a problem in that province and

Justice committee  No, in Alberta. Perhaps the Alberta Court of Appeal considers scientific evidence much more favourably than the Court of Appeal for Ontario. All provinces, with perhaps Alberta as the exception, have complained about the problem. As to the extent, it is a little hard to say. The

Justice committee  No, it does not. It makes reference to the determination that it was in proper working order. The alcohol standard is the test. We use the alcohol standard to make sure it worked.

Justice committee  The alcohol standard is a liquid--I believe it's 10% alcohol--that when heated within the machine should give you a reading of 100. If it doesn't give you that reading, there's something wrong and the tests will not be valid.

Justice committee  It's actually the Department of Health that takes care of determining the standard solutions, which are used in various ways. So those are certified, as I understand it, by the federal Department of Health. It's an acceptable standard to use. The manufacturers are all licensed,

Justice committee  Already in the existing legislation, we have paragraph 258.1(g), which calls for a certificate of a qualified technician stating that the analysis of each of the samples has been made by means of an improved instrument operated by the technician and ascertained by the technician

Justice committee  I believe there could be a minor conflict. In terms of “calibrated correctly”, those are all those tests. If you had a 33.9 instead of 34 for internal temperature, unless the certificate said it was done correctly, except for this little detail.... And I'm not absolutely certai