Alberta should adopt B.C.'s impaired driving rules, says MADD Canada CEO

Mothers Against Drunk Driving (MADD) Canada says movingfrom a punishment-based system to a rehabilitation-based one could reduce the number of impaired driving incidents and cut down onlengthy court battles.

The province has until May 2018 to introduce new legislation afterthe Alberta Court of Appeal foundsuspending thelicenceof motorists charged with drunk driving until their court cases are resolved isunconstitutional.

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MADD Canada says Alberta should look westwhen drafting new legislation. It says adoptingB.C.'s30-day impounds and suspensionswill discourage impaired driving.

"Once you're over the criminal limit, your licence is suspended for 30 days, but your vehicle is also impounded for 30 days,"Andrew Murie, CEO of MADD Canada, told the Calgary Eyeopener.

"So basically there's no opportunity to drive."

Temporary suspensions

MuriesaidB.C.'s suspensions are different from Alberta's because they are temporaryand operate under an administrative framework instead of a criminal one.

"It works under the premise that driving is a privilege," Murie said."You're given this licence to perform by the rules of the road, and so driving impaired is a violation of that.

"So [police]can be much more rigorous in their powers to impound vehicles, suspend licences, and the courts have found that constitutionally sound."

Cutting red tape

Muriesaid a number of impaired driving cases in Alberta have already been thrown out because they came under the Jordan ruling, whichlimits the amount of time between when a person is charged and whenthey have their day in court.

Adopting B.C.'s system in Alberta couldtake somestrainoff the province's legal systembecausesuspensionand impoundwould take placeon the side of the road as soon assomeone is found to be over the legal limit.

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"And it's all done in a very quick process," Muriesaid."Where in the criminal justice process you can be charged [and] you can wait anywhere from six months to two years [for it] to be resolved."

If the province decides not tocreate a new law, Ian Savage,president of theCalgaryCriminal Defence Lawyers' Association, said Alberta couldinstead "easily revert" toolderlegislation.

"Within a day they could institute the previous law and be more fair to Albertans," Savage said.

Focus on rehabilitation and education

Savage said early education is a critical part of combating impaired driving.

"Frankly, there's a whole new generation of people turning 18 every day and drinking in Alberta and across the country, and education is important,"Savage said. "So we want to educate people about the risks of their behaviour."

Muriesaid measures and education have been effective in B.C., and introducing things like alcohol interlocks,rehabilitationprograms and stifffines can impedeimpaired drivers.

"From MADD Canada's perspective, it's not all about punishment," Murie said. "What we want to do isif someone gets caught impaired driving, we want to give them things so that that incident will never happen again."

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With files from the Calgary Eyeopener