APPENDIX E
Summary of Recommendations

The Committee recommends that the Minister of Justice consider the nature and frequency of the problem of motorists fleeing police investigations and the advisability of addressing the matter through the creation of new Criminal Code sanctions.

RECOMMENDATION 2

The Committee recommends that subparagraph 255(1)(a)(i) of the Criminal Code be amended to increase the mandatory minimum fine for a first offence to $600.

RECOMMENDATION 3

The Committee recommends that paragraphs 259(1)(a) be amended to provide for a driving prohibition order of not more than three years and not less than one year for a first offence, or a prohibition of not less than three months with the balance to be served by complying with an alcohol ignition interlock program where available.

The Committee further recommends that paragraph 259(1)(b) and (c) be amended to provide for a driving prohibition order of not more than five years and not less than two years for a second offence, and not less that three years for a subsequent offence.

RECOMMENDATION 4

The Committee recommends that subsection 255(3) be amended to allow imprisonment for life following conviction for impaired driving causing death.

RECOMMENDATION 5

The Committee recommends that the Minister of Justice review the Criminal Code penalties for impaired driving causing bodily harm or death and criminal negligence causing bodily harm or death, in order to determine whether they should provide for mandatory minimum sentences.

RECOMMENDATION 6

The Committee recommends that the Criminal Code be amended to ensure sentencing judges consider a BAC level two or more times the legal limit to be an aggravating factor for sentencing purposes.

RECOMMENDATION 7

The Committee recommends that subsection 732.1(3) of the Criminal Code be amended to allow a sentencing judge to require the use of an alcohol ignition interlock, as a condition of probation, in those jurisdictions where such a program is available.

RECOMMENDATION 8

The Committee recommends that subsection 732.1(3) of the Criminal Code be amended to allow a sentencing judge to order persons convicted of impaired driving to undergo assessment and recommended treatment, as a condition of probation in those jurisdictions where treatment is provided.

RECOMMENDATION 9

The Committee recommends that subsection 259(4) of the Criminal Code be amended to increase the maximum penalty available upon indictment to five years.

RECOMMENDATION 10

The Committee recommends that subsection 252(1) of the Criminal Code be amended to allow for a maximum 10 years imprisonment, where the accident causes bodily harm and life imprisonment, where the accident causes death.

RECOMMENDATION 11

The Committee recommends that subsection 254(3) of the Criminal Code be amended to allow a police officer to demand a breath or blood sample from an individual on reasonable and probable grounds that he or she has committed an impaired driving offence within the preceding three hours.

RECOMMENDATION 12

The Committee recommends that section 256 of the Criminal Code be amended to allow a justice to authorize the taking of a blood sample for the purposes of testing for the presence of alcohol or drugs, based on reasonable and probable grounds that an impaired driving offence has been committed, as a result of the consumption of alcohol or a drug.

RECOMMENDATION 13

The Committee recommends that the Minister of Justice consult with the provinces and territories to develop legislative proposals for obtaining better evidence against suspected drug-impaired drivers.

RECOMMENDATION 14

The Committee recommends that the federal, provincial and territorial governments enhance their efforts to educate and inform Canadians of all measures taken to address impaired driving.

RECOMMENDATION 15

The Committee recommends that a federal, provincial, territorial working group of justice experts be convened to consider the enforcement and prosecution aspects of impaired driving, and to determine whether Criminal Code amendments, additional to those contained in the report, are necessary or advisable.

RECOMMENDATION 16

The Committee recommends that the Minister of Justice review the overall availability of information relating to impaired driving in Canada and dedicate additional resources to more comprehensive research and policy development, in cooperation with the provinces and territories.

RECOMMENDATION 17

The Committee recommends that five years after the tabling of this report, the House of Commons review the operation of the impaired driving provisions of the Criminal Code.