Attorney General
Minister of Public Safety and Solicitor General
Dec. 1, 2011
As Minister of Public Safety, Solicitor General and Attorney General for the Province of British Columbia, I'm pleased to provide further perspective to yesterday's Supreme Court ruling on British Columbia's new impaired driving legislation.
First of all, just one week before the ruling, we recognized the unprecedented success of the first year's results of this legislation. Since its introduction on Sept. 20, 2010, to Sept. 30, 2011, motor vehicle fatalities due to impaired driving in British Columbia decreased by 40 per cent - that's 45 lives saved. The results are irrefutable - we saw 45 more people go home to their families who otherwise wouldn't have.
Let's be clear, with yesterday's ruling the judge substantially upheld the law. And that's a positive decision from my perspective, and from the perspectives of our road safety partners and police officers who work so hard every day to ensure public safety on our roads.
The judge's concern was related to the inability of an individual to challenge the blood alcohol content reading from 0.08 and above. We respect the court's decision, I am committed to finding an appropriate way to amend the Motor Vehicle Act as required.
I can also tell you this: we have an obligation to our current and future generations, as well as to those families who have lost loved ones, to continue to combat impaired driving with comprehensive and targeted measures that save lives in this province.
What does this ruling mean for current practices targeted at impaired drivers? Drivers will continue to be stopped at the roadside by police officers, and if drivers register in the warn range, nothing has changed.
While the 0.08 issue is being resolved, we will revert to the previous system of 90-day administrative driving prohibitions and criminal charges. Drivers who register a 'fail' will immediately be given a 24-hour driving prohibition and may have their vehicle towed and impounded for 24 hours. They are taken back to the police station for a second reading. If their BAC is over 0.08 at the station, they are subject to a 90-day driving prohibition and may face charges under the Criminal Code of Canada.
The driver has 21 days to appeal the 90-day prohibition during which they can drive. If, after 21 days, the driver has not filed an appeal or the prohibition has been upheld by the superintendent of motor vehicles, the 90-day prohibition takes effect. The superintendent may also require the driver to attend the Responsible Driver Program or have an ignition interlock installed on their car if he believes the driver has an "unsatisfactory driving record" or where it is in the "public interest".
The superintendent has the authority to prohibit the driver during the 21-day appeal period if he believes that this driver poses a risk to public safety.
Let's also remember that we will continue to use every responsible tool at our disposal to combat drinking and driving. And while we have seen improvements, impaired driving remains a serious problem. It is the number-one criminal cause of death and remains one of the primary causes of fatal collisions.
Clearly, there is still more work to do, but our goal is clear: we must stop drinking and driving and we must continue to support strategic solutions that focus on saving lives and preventing personal injury.
Contact:
Media Relations
Ministry of Public Safety and Solicitor General
250 356-6961
