On September 18, the Canadian Bar Association appeared before the Standing Committee on Justice and Human Rights on Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances). Kathryn Pentz, treasurer of the CBA Criminal Justice Section and Senior Crown Attorney for Cape Breton appeared on behalf of the CBA’s Criminal Law Section.
The CBA Section recognizes the importance of road safety and the need to ensure that Canadian law offers effective enforcement mechanisms to address impaired driving. Drug impaired driving is also a major concern and the number of drug impaired drivers is likely to increase with the planned legalization of marijuana. However, we know that impaired driving is one of the most extensively litigated areas of law, and at present, every aspect of the law has been subject to intense constitutional scrutiny. As such, the law now is settled. Part 2 of Bill C-46 is unnecessary, and would put the law back to square one, bringing with it a deluge of cases arguing interpretation and constitutionality of the new provisions. At a time of such concern about court resources and court delays, we suggest that Part 2 not proceed.
Read the submission