Impaired Driving Legislation

Despite important progress over the last decade, impaired driving continues to be a serious problem in Canada with wide-ranging and tragic consequences.

In response to a broad public consensus, the Minister of Justice introduced today a draft bill that will toughen the impaired driving provisions in the Criminal Code.

This legislation illustrates our government's resolve and commitment to making our roads safer for all Canadians. It sends a clear signal that drunk driving is not acceptable.

The bill is based on the recommendations made by the Standing Committee on Justice and Human Rights in its draft legislation – which was tabled along with the Committee's report Toward Eliminating Impaired Driving on May 25.

The Government's bill reflects the spirit and intent of the Committee's draft legislation. It includes provisions that will:

• increase the mandatory minimum fine for a first impaired driving conviction to $600, from $300;
• significantly increase the mandatory minimum prohibition from driving for all offences;
• increase the maximum driving prohibition from three to five years for a second offense, and from three years to a lifetime ban for a subsequent offence;
• increase the maximum penalty for driving while prohibited to five years, from two years;
• raise the maximum sentence for impaired driving causing death to life imprisonment from the current maximum of 14 years – putting it in line with the maximum penalty for manslaughter;
• allow sentencing judges to require the use of an ignition interlock as a condition of probation, where such a program is available;
• allow a peace officer to demand a breath and/or blood sample when there is reasonable grounds to believe that a person committed a drinking and driving offence within the previous three hours – up from the current two hours; and
• specify that a blood alcohol level exceeding twice the criminal offence level must be considered as an aggravating factor by the judge at the time of sentencing.

In addition to proposing legislative changes, the Committee recommended increased public information and education on measures that combat impaired driving, more research and development on impaired driving issues and a review to determine if further Criminal Code amendments are necessary.

The Government recognizes that we will need more than changes to the law alone to win the fight against impaired driving. We will address the range of broader measures in our response to the report after consultation with the provinces and territories.