October 31, 2006

MP’s Bill will establish new impaired driving law at 0.05% BAC level
MP Ron Cannan has support of MADD Canada in his efforts
to reduce risk of death and injury on roads

A Private Members Bill to set a new 0.05% BAC legal limit for drinking and driving was introduced today by Kelowna British Columbia MP Ron Cannan. MADD Canada supports the MP’s initiative because it will ‘significantly reduce the numbers of Canadians being killed and injured in impaired driving crashes.’

Mr. Cannan’s Bill would introduce a new 0.05% BAC offence to complement the existing Criminal Code impaired driving offences. The new measures would differ from the current 0.08% BAC offence in three significant ways. First, the 0.05% BAC offence streamlines procedures and contains ticketing provisions. Second, the proposed offence contains lower penalties than those for the 0.08% BAC. Third, the proposed offence also contains special criminal record provisions.

Robert Solomon, MADD Canada’s Legal Director and a professor in the Law Faculty at the University of Western Ontario, states the Bill will help keep impaired drivers off the roads. “We are supportive of Mr. Cannan’s legislation because research from around the world indicates such measures will save lives on Canada’s roads. His Bill will effectively reduce the amount a person can currently drink and then legally drive.”

Professor Solomon is quick to add, “This legislation will not interfere with ‘social drinking.’ It won’t stop people from having a drink or two after work or with a meal.  It simply provides police with a further option for getting that person who has had too much to drink off the road and out of harm’s way.”

The MADD Canada Legal Director explains: “The proposed .05% BAC offence is designed to deter impaired driving without being unduly punitive, or creating greater burdens on the police and the courts. The ticket option of pleading guilty without having to go to court may discourage accused persons from needlessly challenging the charges.”

“This is a very reasonable approach to making our roads safer from impaired driving crashes,” says Professor Solomon. “A 0.05% BAC level is the appropriate legal limit when considering the risk impaired drivers pose to all motorists who must share the roads with them.”

In a November 2005 SES public opinion survey, 73 % of Canadians believe the current legal drinking limits should be reduced. In that survey, when the proposed lower drinking limit was explained, 84% of Canadians felt this level was ‘about right’ or should be even lower.

In the last Parliament, Senator Marjory LeBreton tabled a similar piece of legislation that would have introduced new impaired driving Criminal Code measures at the legal limit of 0.05% BAC.

For a detailed discussion of the case for a 0.05% Criminal Code offence, MADD Canada has posted on its website a recent submission to Criminal Law Quarterly.

For further information, visit www.madd.ca, or call:

Professor Robert Solomon
MADD Canada’s Legal Director (519) 661-3603

Also see:

THE ELEMENTS OF A WORKABLE 0.05% BAC CRIMINAL CODE OFFENCE

BAC to the Future - Modernizing the Criminal Drinking-Driving Threshold - Criminal Law Quarterly submission (PDF)