Question Period Note: IMPAIRED DRIVING

Bill C-46 – Enhancement and modernization of criminal laws against alcohol and drug-impaired driving.

• Impaired driving remains the leading criminal cause of death and injury in Canada.
• In June 2018, Parliament significantly reformed Canada’s impaired driving law with the ultimate goal of making our roads safer.
• These reforms included:
o New offences of being “over a legal drug limit” within two hours of driving and the authorization for law enforcement to use oral fluid drug screeners; and
o The authorization for law enforcement to use mandatory alcohol screening at the roadside.
• I am aware of constitutional challenges to key areas of Bill C-46. The Government of Canada is working with the provinces and territories to support the effective implementation of these reforms, including by monitoring the ongoing litigation and providing support as needed.

On June 21, 2018, Bill C-46 (An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts) received Royal Assent (S.C. 2018, c.21) as Statutes of Canada 2018, Chapter 21 (An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts). The Bill came into force in two stages: Part 1 came into force on Royal Assent. It strengthened the criminal law approach to drug-impaired driving in advance of cannabis legalization. Part 2 came into force on December 18, 2018 and made significant amendments to the alcohol-impaired driving regime, including mandatory alcohol screening.

As of November 21, 2019, officials are tracking 88 Notices of Constitutional Question (NCQ) to the previous impaired driving provisions under the Criminal Code and to former Bill C-46. The majority of these challenges have been brought in Quebec (42), Alberta (18) and Ontario (11). The key areas being challenged are mandatory alcohol screening, conclusive proof of blood alcohol concentration, sentencing and MMPs, and drug-impaired driving.

The Attorney General of Canada is directly involved in two cases: one in British Columbia on mandatory alcohol screening (Quaschnick v AGC) and one in Nova Scotia on drug-impaired driving (Gray v AGC). In the other cases, Justice Canada officials continue to support the provinces and territories through a network of PT officials engaged in Bill C-46 litigation, including through bi-weekly teleconferences.

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