Last week, the Province announced its intention to pass new impaired driving legislation.
Transportation Minister Ray Danyluk introduced Bill 26, the Alberta Traffic Safety Amendment Act 2011, in the Alberta Legislature, Nov. 21.
While 24-hour licence suspensions can currently be given to drivers with a Blood Alcohol Content (BAC) from .05 to .08, the bill proposes progressive sanctions for drivers in this range. Being stopped for the first time with a BAC between .05 and .08 would result in a three-day licence suspension and a three-day vehicle seizure. People with a BAC from .05 to .08 are not subject to Criminal Code charges and would not get a criminal record. They would not receive fines or demerit points.
"Not only does Alberta's approach target repeat offenders, it is designed to reduce the number of drivers who become repeat offenders in the first place," said Danyluk.
"I have one goal for this legislation - and that is having more Albertans arrive home safe at the end of the day."
However, reaction to the proposed legislation has been mixed.
Similar legislation passed in British Columbia was recently found to be unconstitutional by B.C. Supreme Court Justice Jon Sigurdson for violating Section Eight of the Canadian Charter of Rights and Freedoms protecting against unreasonable search and seizure.
Thousands of people in the province have signed on to a website opposing the bill. In addition, owners and managers of Airdrie establishments have concerns.
"We are a little worried about it and we think it will affect us," said Carla Gilchrist, general manager of Original Joe's Restaurant. "We are hoping it doesn't go through so our alcohol sales don't go down. We understand where the bill is coming from but almost all the time, there is at least one person at the table that isn't drinking and if there isn't, we will offer to call them a cab."
The manager of Brewsters Brewing Company and Restaurant in Airdrie, Allan MacDonald, said he doesn't expect the proposed bill to affect his establishment's bottom line.
"In our business, we have more to offer than just alcohol," said MacDonald.
Hayley Lauinger, owner of Castle Steakhouse and Lounge said she doesn't feel the change would affect her business but she does not like it.
"I think it is a total waste of time and money," she said. "If they want to put our tax money to good use, they should have more Checkstops. We are not concerned about the guy who goes out and has two beer, we are concerned about the guy that goes out and has 18 beers and then gets in his car and drives and that guy is still going to do that. It is targeting the wrong people."
Bill 26 also proposes the toughest sanctions for drivers with a blood-alcohol content over .08, the legal limit under the Criminal Code. For example, these drivers would have an immediate licence suspension that remains in place until their criminal conviction is resolved in the courts. Upon conviction, they would also have to participate in the Mandatory Ignition Interlock program.
Airdrie-Chestermere MLA Rob Anderson said he agrees with the changes to those who are shown to have a BAC of .08 or higher but said the rest of the bill is "a knee-jerk reaction that targets the wrong people."
"I don't feel this is doing anything to save lives. It doesn't matter how many bills we pass, if we don't enforce them, we are not saving lives," he said. "Everyone wants to decrease impaired driving but this bill will not do that. What we need is more Checkstops and stricter fine and penalties for those blowing over .08, that will have the effect of saving lives. People with .05 to .08 are not the ones hurting and killing people."
The bill introduces differing levels of response for differing situations, from hard sanctions for repeat offenders to consequence-based actions for first-time offenders. It includes enhanced monitoring and mandatory education and treatment programs for repeat offences and vehicle seizures.
Danyluk along with Attorney General and Minister of Justice Verlyn Olson and Minister of Solicitor General and Public Security Jonathan Denis championed the bill.
"Suspensions for drivers between .05 and .08 are nothing new in Alberta," said Olson. "What this legislation would introduce are new education programs and sanctions for these drivers, new mechanisms to track repeat offenders and new, tougher, penalties for drivers who are caught over .08."
"Alberta's approach targets those most likely to repeatedly drive drunk," said Denis. "It's about changing driver behaviour through enforcing tougher sanctions."
Every province in Canada, with the exception of Quebec, imposes license consequences on drivers at .05 or above (Saskatchewan starts at .04). BC, Saskatchewan and Ontario already impose significant restrictions. The bill was expected to pass Dec. 5, after Rocky View Weekly press time.
By the numbers:
Alcohol-Related Casualty Collisions in Alberta:
In Alberta from 2006 to 2010, 569 people were killed and 8,530 people were injured in alcohol-related collisions. In 2010 alone, 96 people were killed and 1,384 were injured.
As the severity of the collision increases, so does the likelihood that a traffic collision involved a drinking driver.
On average in Alberta, one in five drivers involved in fatal collisions had been drinking prior to the collision. This compares to an average of about one in 20 drivers involved in injury collisions.
According to statistics, males between 18 and 24 years of age are most likely to have been drinking before the crash. Also, male drivers are much more likely to have consumed alcohol prior to a collision compared to female drivers.
Warmer weather months (May to October) experience the highest number of casualty collisions involving alcohol.
The most casualty collisions involving alcohol occur on the weekends.
The most likely time period for these collisions, on any day of the week, is between 11 p.m. and 3 a.m.
Drinking and driving collisions are often associated with long weekends.
Over the last five years the following administrative suspensions for drinking and driving have been initiated:
42,762 Immediate 24 Hour Suspensions
6,123 Alberta Zero Alcohol Tolerance (AZAT) Suspensions
34,852 Alberta Administrative Licence Suspensions (AALS)
For more information on these matters, please call our office 305 548 5020.
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