On June 17, 2009 the Standing Committee on Justice and Human Rights chaired by MP Ed Fast released a report titled "Ending Alcohol-Impaired Driving: A Common Approach." The report makes 10 recommendations, the most interesting of which says that police should be able to do random breath testing of drivers without having a reasonable suspicion that the drivers have alcohol in their bodies.
"This would serve to recognize that driving on Canadian roads is a privilege and not a right. Random breath testing would, therefore, introduce a significant deterrence for people who might otherwise choose to take the chance and drive while impaired." Here are the recommendations from the report:
Recommendation 1:
The Committee recommends that the Blood Alcohol Concentration level in the Criminal Code of eighty milligrams of alcohol in one hundred millilitres of blood be maintained.
Recommendation 2:
The Committee recommends that the provinces and territories be encouraged to enhance their efforts in intervening at BACs lower than the Criminal Code level.
Recommendation 3:
The Committee recommends that tougher sanctions be introduced for repeat impaired drivers.
Recommendation 4:
The Committee recommends that tougher sanctions be introduced for those drivers with a Blood Alcohol Concentration in excess of 160 milligrams of alcohol in 100 millilitres of blood.
Recommendation 5:
The Committee recommends that random roadside breath testing be put in place.
Recommendation 6:
The Committee recommends that the use of alcohol ignition interlock devices be encouraged.
Recommendation 7:
The Committee recommends that the Alcohol Test Committee of the Canadian Society of Forensic Science be authorised to approve alcohol ignition interlock systems for use in provincial and territorial programs.
Recommendation 8:
The Committee recommends that the provinces be encouraged to coordinate provincial legal drinking ages to reduce the practice of cross border drinking and driving.
Recommendation 9:
The Committee recommends that Parliament provide guidance to the judiciary through a legislative preamble or statement of principles, which acknowledges the inherent risks of impaired driving and the importance of meaningful and proportionate consequences for those who endanger the lives of others and themselves.
Recommendation 10:
The Committee recommends that the presumption of identity in subsection 258(1)(c)(ii) of the Criminal Code be extended from two to three hours.
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