For immediate release
June 12, 2007
OTTAWA – While it supports the underlying goals of Bill C-32 (Criminal Code amendments – impaired driving), the Canadian Bar Association cautions that impaired driving already consumes a disproportionate amount of court time and resources, and the amendments may open the door to new litigation including challenges under the Constitution and Canadian Charter of Rights and Freedoms.
“Impaired driving, whether by drugs or by alcohol, is a significant problem, and too often results in serious injury or death,” says Mitchell MacLeod, of the CBA’s National Criminal Justice Section. “Any new laws must comply with the Charter and result in real progress to deal with this serious issue.”
Bill C-32 introduces a new legislative scheme for drug impaired driving, to provide police with additional investigative tools, to create several new offences, to change the existing penalty and driving prohibition provisions, and to significantly limit the scope of applicable defences.
In its 16-page submission to the Commons Justice and Human Rights Committee, the CBA notes that impaired driving is one of the most extensively litigated areas of criminal law. “Regardless of whether or not the litigation is ultimately successful, its volume alone has enormous implications in terms of cost, delay and uncertainty in the law while cases are pending,” says the CBA submission.
“Any new avenues for challenge may not only undermine the effectiveness of the specific proposals, but significantly increase both the caseload and delay in trial and appeal courts across Canada,” says the submission.
Mitchell MacLeod appears before the Commons Justice and Human Rights Committee on Tuesday, June 12, at 9:00 a.m. in room 308, West Block. The CBA submission is available online at:
http://www.cba.org/CBA/submissions/pdf/07-32-eng.pdf
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
