May 2017

Charter Statement on Drunk Driving Laws: A perspective from someone who routinely litigates the Charter

Image from the Department of Justice
It’s troubling when the Government has to issue a public statement defending a law before the bill is event tabled for debate. When the proposed legislation is so flagrantly and blatantly unconstitutional, the Government is clearly scrambling to justify its existence before it is even passed. And so that brings us to the big drunk driving law news of the week: Jodi Wilson’s Charter Statement on Bill C-46. My summary opinion is this: it’s a stinking pile of nonsense.

Or, as one lawyer interviewed put it, “if a first year student wrote this, they would fail.

Changes to Drunk Driving Laws: Government Wants You to Have a Criminal Record

In my last blog post, I wrote about how the Government’s proposed changes to the drunk driving laws will reduce your defences by limiting the disclosure that is available to you. This week, I am going to write about another significant limit on your defences, and that is the fact that the Government is eliminating the defences related to when you drank, and when you drove.

By eliminating this, what we can see is that the Government wants you to have a criminal record for drinking and driving, even if you have done nothing wrong.

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