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CHAPTER 3: THE EXTENT OF THE PROBLEM

INTRODUCTION

During this review, the Committee heard conflicting accounts of the nature and extent of the impaired driving problem in Canada today. Estimates of the number of alcohol-related road fatalities varied considerably, although no one disputed that there continue to be far too many deaths and injuries resulting from alcohol-related crashes.1 Opinions also varied on whether government action had resulted in any significant decline in these numbers, particularly over the past decade. Of course, the extent and nature of the problem, and the effectiveness of earlier initiatives are important considerations in the evaluation of any additional reforms to be proposed during this review.

REVIEW PARTICIPANTS' VIEWS

The Traffic Injury Research Foundation (TIRF) told the Committee that action taken in the 1980s resulted in "unprecedented decreases" in the problem of impaired driving, as evidenced by a drop in the prevalence of impaired drivers on the road at night (from 5.4% in 1981 to 3.6% in 1988). However, noting that progress in the 1990s has been "much less impressive," TIRF said that this was because the characteristics of the problem had changed, and that a relatively small group of "hard core" drinking drivers "account for a very significant proportion of the problem today."2

The Canada Safety Council (CSC) expressed the view that the 1985 Criminal Code amendments had proven "ineffective and counterproductive," by failing to protect the public from repeat offenders. CSC shared TIRF's view that any new policy initiatives should target those repeat offenders "who habitually drive with BAC's more than double the current 80 mg/100 ml of blood limit."3

According to Mothers Against Drunk Driving (MADD), a perception that Canada's drinking and driving problem is well on its way to being solved has led to a "growing complacency" about impaired driving, even though statistical data indicate that "relatively little progress has been made in addressing Canada's impaired driving problem."4 The Canadian Association of Chiefs of Police seemed to share that view and suggested that a 50% decrease in the number of traffic deaths between 1978 and 1997 was more likely attributable to increased seat belt compliance than to a decreased incidence of impaired driving.5

On the other hand, the Canadian Council of Motor Transport Administrators (CCMTA) told the Committee that in 1995-96 they documented a 6.7% decrease in the percentage of fatally injured drivers who had been drinking and a 7.7% decrease in the percentage of motor vehicle fatalities involving drinking drivers. However, CCMTA also noted that during that same time, 42% of all drivers fatally injured in crashes had been drinking and 84% of those had BAC readings in excess of the legal limit.

The clear consensus that became obvious to the Committee during its review is that impaired driving continues to be a persistent problem of very serious proportions in Canada, with wide-ranging and tragic consequences to far too many victims.

The next four chapters of this report will discuss a variety of suggestions received by the Committee on how best to fulfill its mandate of enhancing deterrence and ensuring that penalties for impaired driving adequately reflect the seriousness of the crime. Specific recommendations are considered under four headings, including the nature of the offence of impaired driving, the penalties that ought to be available, the adequacy of police powers to enforce the law and, finally, systemic reform that would change the way in which impaired driving offences are prosecuted.

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1 The Canada Safety Council estimated approximately 1200 deaths in 1997, while Mothers Against Drunk Driving cited a 1997 study showing 1680 deaths annually.

2 Brief to the Committee, p. 2-3.

3 Brief to the Committee, p. 1.

4 Brief to the Committee, p. 1-2.

5 Minutes of the Committee, 2 February 1999, 1015.