Summer 2003 MATTERS MADD A Review of Provincial Laws Canada’s – and the grades are in… Mission: On June 10, MADD Canada released Rating MADD Canada’s National President, “and there the Provinces: The 2003 Report Card (RTP are important steps that our governments can To 2003), the organization’s comprehensive review take to reduce impaired driving and to provide of provincial and territorial legislation that greater support to our police and judicial system would ensure safer roads and a reduction in the who must deal with this crime.” Stop number of Canadians being killed or injured by “The 2003 Report Card reviews the impaired driving. legislation which needs to be passed in each Impaired This policy document is important for two jurisdiction to reduce incidents of impaired reasons: it indicates how each of the Canadian driving and make our roads safer to travel.” Mrs. jurisdictions measure up in the fight against Knox adds, “MADD Canada is actively pursuing Driving impaired driving; and, most tellingly, it these legislative reforms with the provinces and prescribes a reform agenda that, if implemented, territories to provide more effective impaired would make a significantly positive impact on driving laws across our country.” And road crashes, deaths, and injuries as a result of The RTP 2003 study comprises a legislative impaired driving. summary for each province and territory – it “Impaired driving remains Canada’s number To one criminal cause of death,” says Louise Knox, ––––––––––––––––––– Continued on page 2 Support RANKINGS GRADES JURISDICTIONS 2003 2000 2003 2000 Victims Manitoba 1st 4th B C Ontario 2nd 1st B C+ Quebec 3rd 7th C+ C- Of Saskatchewan 4th 5th C C- Nova Scotia 5th 3rd C C Yukon 6th 9th C- D+ This Alberta 7th 6th C- C- British Columbia 8th 2nd D+ C+ Newfoundland and Labrador 9th 10th D+ D+ Violent New Brunswick 10th 11th D+ D Prince Edward Island 11th 8th D+ D+ Northwest Territories 12th 12th D- F Crime. Nunavut 13th N/A F N/A Jurisdictions were rated on the completeness and effectiveness of their legislation in the following areas: licensing; police enforcement powers; license suspensions and revocations; and vehicle sanctions and remedial programs. Best current practices were considered. Each jurisdiction was then graded according to their overall rating. This chart compares how jurisdictions performed in both today’s review and The 2000 Report Card. MATTERS Grades are in... Continued from page 1 examines licensing, police enforcement powers, license suspensions and revocations, as well as vehicle sanctions and remedial programs. It also includes The MADD Canada Model 2003, which identifies a package of measures that hold the greatest promise for substantially reducing impaired driving. The underlying principles to effective provincial impaired driving laws can be found in The MADD Canada Model 2003. These principles are: • Obtaining and holding a licence is a privilege and not a right. • Traffic authorities must be empowered to take action to prevent tragedies, not just react after the event by sanctioning those responsible. • The police need broader investigatory authority to efficiently detect impaired drivers and obtain admissible evidence. • Administrative proceedings are far more expedient, efficient and inexpensive than penal MADD Canada and author of the review. “The sanctions, and more appropriate for the greatest progress has been made in graduated regulatory issues relating to the licensing of licensing programs, provincial suspensions for drivers, vehicle sanctions and remedial federal impaired driving offences, and alcohol programs. interlock, vehicle impoundment and remedial • Public safety should be given the highest programs. The fewest improvements have been made priority in framing provincial and territorial in police enforcement powers.” impaired driving legislation. “Overall, MADD Canada is pleased with the progress that has been made since 2000,” says From these fundamental principles, MADD Canada Professor Solomon, “and this is reflected in the fact forwards to the provinces and territories the following that seven jurisdictions were awarded higher grades initiatives as effective in combating impaired driving: in 2003.” Professor Solomon explains that despite the • a comprehensive graduated licensing program; considerable legislative improvements some • broader police powers to stop vehicles, jurisdictions have made and the best efforts of establish systematic sobriety checkpoints, use MADD Canada and others, alcohol-related traffic passive alcohol sensors, and demand standard deaths appear to be rising in Canada. This trend, field sobriety testing from suspected impaired coupled with the expected increase in young drivers; inexperienced drivers on our roads, highlights the • 24-hour and 90-day licence suspension need for continued strengthening of the provincial programs that include mandatory remedial and territorial laws. measures for subsequent violations; “MADD Canada wants to work with the provinces • alcohol interlock, vehicle impoundment, and and territories to minimize the potential rise in vehicle forfeiture programs; and, impaired driving incidents and resulting fatalities. We • mandatory remedial programs. know that the legislation recommended in Rating the Provinces 2003 will make a significant difference – It is with these core initiatives in mind that MADD both in making our roads safer and in effectively Canada reviewed and graded each of the provinces dealing with the crime of impaired driving,” says and territories. Professor Solomon. “Virtually all of the provinces and territories have Canadians can access the full document, Rating introduced some measures to strengthen their the Provinces: The 2003 Report Card, as well as all impaired driving legislation since the 2000 ratings,” supporting documents and media materials on the Page reports Professor Robert Solomon, Legal Director for MADD Canada website – www.madd.ca. Two National President’s MessageW MATTERS Our Mothers on Parliament Hill needs to be done. Certainly, we will work with those legislators who show the initiative and demonstrate the political will to champion the solutions we are presenting. The good news is that MADD Canada has support from people in all political parties. The question has always been whether the Government and Parliament have the political will to act on the issues of impaired driving. We hope that, with the inroads we recently made in Ottawa, MADD Canada representatives a political issue. We are looking for that we might see some of that joined me on Parliament Hill in early elected representatives that will take political will to move new legislation. May to meet with Federal Ministers, this issue beyond a partisan argument From the meetings, there were MPs and their staff. Mothers from and act on what is Canada’s number strong signals of support and a across the county made the trip to one criminal cause of death. number of commitments. More Ottawa to relate their hopes for new It is MADD Canada’s strong belief immediate demonstrations came from legislation involving enhanced police that the Federal Government must do MP Dick Harris, who read a statement powers, the elimination of certain more to eliminate impaired driving. in the House of Commons, and defences, conditional sentencing, and Canadian impaired driving laws are Senator Marjory LeBreton, who did Parliament’s review of impaired not working; they are not deterring likewise in the Senate, affirming their driving laws. We also shared with people from drinking and driving. We strong support of MADD Canada and MPs our personal observations about need a comprehensive strategy, like raising awareness about the mothers’ the meaning of Mother’s Day for Taking Back Our Roads, to decrease mission on Parliament Hill. parents who have lost their children to the numbers of drinking drivers and Some of the tangible actions that impaired driving. reduce the crashes, injuries and deaths are expected as a direct result of The results of our two-day series of that result from drinking and driving. MADD Canada’s mothers’ meetings meetings can be read in the MADD In the last eighteen months, we with MPs are as follows: Mother’s Day Report on Parliament have been disappointed that very little Hill, found in the Hot Issues section has been done by the Government to • MP Leon Benoit will introduce a of the website – www.madd.ca. improve and strengthen our country’s Private Members’ Bill in the What we were looking for with our laws for those who must enforce weeks ahead. recent discussions with MPs was them. What is most disconcerting is • Senator Marjory LeBreton will more than their lip-service. We that the proposed measures MADD introduce a Senate Bill(s) to wanted to identify MPs who would Canada is pushing for are achievable. enhance police powers in the act beyond the niceties and platitudes Parliament can easily introduce and apprehension, gathering of we often receive from elected implement the policies we are evidence, and charging of impaired representatives. For MADD Canada, suggesting. So, in the next eighteen drivers. impaired driving deaths and injuries months, we can only hope that are a serious public safety issue – not Parliament will look seriously at what –––––––––––––– Continued on page 4 Page Three MATTERS On the Hill... Continued from page 3 • Members from every Party are committed to raising the issue in the respective Caucuses and initiating a discussion about what can be done about the crime. • Members promised to write and contact the Minister of Justice to raise the issue of new impaired driving legislation. • Members promised to look into the introduction of Private Members’ Bills. In the week following our visits, MP Loyola Hearn introduced a Private Members motion in the House of Commons; Minister David Kilgour made inquiries of his cabinet colleagues, and MP John Maloney wrote the Justice Minister to prod him to act soon. We will watch for further follow-through activities and keep all informed. Special notes of appreciation go out to two individuals. First, we thank Deborah Grey, who once again shared her Thank you to those mothers who travelled to Parliament Hill.