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Necessary Legal Changes
In respect for all those who have suffered because of an impaired driving crash, and to honour the memory of those whose lives were cut short because of someone’s wrong decision, members and volunteers of MADD Toronto join with MADD Canada to fight for more effective legislation against impaired driving.

Necessary Legal Changes on a National Level
MADD Toronto wants impaired driving to be a priority for the current Government

In its 2006 Mother’s Day Report, MADD Canada called for the elimination of conditional sentences for violent impaired driving crimes, the reintroduction of drug impaired driving measures, the closing of legal loopholes that allow impaired drivers to walk free of charges, and a new 0.05% BAC (blood alcohol concentration) 253(c) Criminal Code offence.

Our members and volunteers in Toronto would like to see five specific policy initiatives to prevent more senseless loss of life. These are:

1. The elimination of the use of conditional sentences for violent crimes, including impaired driving causing death and impaired driving causing bodily harm.
See more here.

2. The re-introduction of drug impaired driving legislation that will provide police with the legal framework to apprehend and charge drug impaired drivers.

3. The strengthening of presumptions regarding the use of breath or blood test evidence so as to narrow ‘evidence to the contrary’ defences; referring specifically to the Carter Defence (or ‘Two Drink Defence’) and the ‘Last Drink Defence.’

4. Provide authorities with the statutory authority to demand a breath (or blood) sample at the scene of a crash where a person has been killed or seriously injured. This authority to demand breath (or blood) samples should be extended to a hospital or medial office.

5. Amend the Criminal Code to establish a new 253(c) 0.05% BAC law.
See more here.

See MADD Canada’s 2006 Mother’s Day Report for full details.

Necessary Legal Changes on a Provincial Level

MADD Toronto wants Ontario to be a leader in the fight against impaired driving, not an “under-achiever with potential”

In its 2006 Rating the Provinces Report Card (released in October 2006), MADD Canada provided a comprehensive review of current provincial and territorial impaired driving laws.

The review designated Ontario with a grade of B, good for the ranking of second place among 13 jurisdictions.

Rating the Provinces presents five core elements as being essential in provincial and territorial efforts to reduce impaired driving:
1. A comprehensive graduated licensing program for all new drivers, including express police powers to enforce it;

2. A .00% BAC limit for all drivers under 21 or with less than five years driving experience;

3. Express police powers to stop vehicles, establish sobriety checkpoints, and demand field sobriety testing from suspected alcohol and/or drug impaired drivers;

4. Strengthening the existing short-term roadside licence suspension programs for drivers with BACs of .05% or higher, to include a 7-14 day licence suspension, a $150-$300 licence reinstatement fee, the recording of the suspension on the driver’s record, and mandatory remedial measures for repeat violations; (This was implemented in late 2009) and

5. Mandatory alcohol interlock, vehicle impoundment and forfeiture, and remedial programs.

Ontario lagged behind because of its lack of restrictions on drivers in the graduated licensing program and with elements of its short-term administrative licence suspension. In addition, according to the best practices found within Canada, Ontario needs to introduce a 24-hour suspension for unfitness, improve its alcohol interlock and remedial programs, and introduce vehicle forfeiture.

Manitoba achieved the top spot with a grade of A-, and was lauded for its introduction of new legislative reforms including a five-year, zero-BAC for new drivers.

See MADD Canada’s 2006 Rating the Provinces Report Card for more information on this topic.

See MADD Canada’s Research Library for general information.