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Ontario’s Social Crisis: Impaired Driving

**__Previous and Present Drinking and Driving Legislation__**

Laws and legislations were implemented because the economy realized a trend that occurred with drivers while being under the influence of alcohol. The accidents were either fatal or caused bodily harm to the driver or the victims. In the 1980s there was a tendency for high school students in Ontario to consume alcohol after driving an automobile. The Department of Transportation stated that in 1983, 43.2% of teenage students drove after drinking. The society realized that by toughening the laws, increased auto insurance and having greater consequences with suspension would decrease accidents. As quoted by Jennifer Hartman, a Canadian Citizen stated, “that in the 1980s one had to attain a ‘365.’ This allowed the teenager at the age of 16 to drive a car with a fully licensed adult for a full year, until one could obtain there license."(1) Recent implementations to acquire a license now consist of a G1 written, G2 road test and G level road and highway test. Laws had to be toughened because “on average annually, 16, 000 convictions are made related to blood-alcohol reading of at least .80 milligrams of alcohol per 100 millilitres of blood.”(2) Recently in 2008, McGuinty had passed extremely strict legislation on impaired driving and introduced the Bill 203, highway and street racing. The Ministry of Ontario Transportation has listed the consequences as following :(3)  * Remedial measures requirement   * Minimum 1 year ignition interlock condition upon reinstatement  ||  * 1 year driving prohibition || condition upon reinstatement ||  * 2-year driving prohibition || for life if suspension reduced ||  *3-year driving prohibition * 90 day jail sentence || and no reinstatement ||  *3-year driving prohibition * 90 day jail sentence ||
 * || Consequences under the Highway Traffic Act  ||  Minimum penalties under the Criminal Code  ||
 * First Offence ||  * 1 year licence suspended
 * $600 fine
 * Second Offence ||  *3-year licence suspended
 * Remedial measures requirement
 * Minimum 3 years ignition interlock
 * 14-day jail sentence
 * Third Offence ||  *Lifetime licence suspended
 * Ignition interlock condition
 * Fourth Offence ||  *Lifetime licence suspended

The 2008 laws were established because drivers are unaware of the large number of people who drink under the influence. In a personal interview with a police officer from twelfth division, the constable stated, “Majority of impaired driving tickets were given in the early morning because the driver thought one was able to drive home after a couple of hours of sleep. The driver would be placed in the drunk tank and would have his/her licence suspended for twelve hours before taken to court.”(4)

**__Canadian Statistics on Impaired Driving__** There is a strong correlation that still exists between young teenage drivers and automobile accidents due to alcohol consumption. According to this chart below, there has been a steady decrease in the amount of Impaired drivers convicted, but the percentage of BAC has increased over the years. Since stricter laws were imposed on impaired driver, than there have been fewer fatalities and greater social safety but drivers still drive under the influence.(7)

MADD is a non-profit organization that makes it their mission “to stop impaired driving and to support victims of this violent crime.”(8) Anti-drunk driving groups formed in the 1980s and in 1998, John Bates was elected as Founder of the National Board of Directors when MADD emerged with PRIDE( People to Reduce Impaired Driving Everywhere). There number one strategic plan for 2009 is to lower the BAC (blood alcohol concentration) level to zero. The organization had been successful because the BAC went from 0.08 to 0.05 for drivers over 21 while new drivers under 21 years of age have 0.00% BAC. MADD has been successful at lowering the legal alcohol limit for Ontario citizens because a large amount of the society agrees with their objectives. In a recent telephone survey, “62% of Canadians strongly supported lowering the BAC, while another 12% somewhat supported the action.”(9) The explanation for such a high amount of the population against impaired drivers was that Canadian citizens stated, “They want to feel safe when they drive their vehicles - and that they won't become a statistic of impaired driving. Most of us understand this as an important public safety issue." Statistics from the MADD web site had stated that “the estimated percentage of alcohol involved fatalities and injuries in Ontario was 33.2% in fatalities, 16.6% injuries with BAC at 0.05% and 9.96 injuries at 0.03%."(10) From this observation, MADD is stressing that the lower the legal alcohol limit than there would be fewer convictions because of the severe penalties and consequences the driver would have to face. MADD had also performed studies to make young drivers aware of how much alcohol intake is allowed for both males and females until the individual reaches over the legal limit.(11)
 * __Mothers Against Drunk Driving (MADD) Organization and their Mission__**



• Based on 13.46 grams of alcohol, and a metabolism rate of a .015% decrease in BAC per hour.

Source: R. Solomon and E. Chamberlain, “Calculating BACs for Dummies: The Real-World Significance of Canada’s 0.08% Criminal BAC Limit for Driving” (2003) 8(2) Canadian Criminal Law Review at 225.

Oppositely, to MADD beliefs, a portion of the Canadian population had tried to petition these new Drinking and Driving Legislations because teenagers feel that these laws have breached their Charter of Rights and Freedom. Social networks such as Facebook and websites such as www.ydagainst.com are prime examples of a libertarian approach to the social crisis. Parents, teenagers and other members of the public are able to voice their opinion regarding Bill 203, street racing and teenage impaired driving laws.(12) On the website forum, Greg Contois mentioned that the law is discriminating on drivers under the age of 21. Section 15 under the Charter of Rights and Freedom is as follows:(13)
 * __The Libertarian View- Young Drivers Against New Legislation__ **

“15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

The youths from the Facebook forum find it unfair that McGuinty had targeted a group and not new drivers that had successfully acquired their license at any age over 21 years. One finds it unfair that a new driver at the age of 40 is able to drive and maintain a BAC at most 0.05%.(14) These adolescences had also targeted other legislations that pertained to driving in a vehicle while on your cell phone, smoking in the vehicle with children and driving while tired. There is no age restriction for drivers being distracted by the radio, tiredness or cell phone users so there should not be a age restriction since the legal drinking age is 19 years in Canada and 18 in Quebec.

The members who had joined the Facebook group called "**All Against New Driving Laws in Ontario for Young Drivers"** voiced thier opinions on McGuinty's new Legislation. These teens tried to prove their point by taking statistical information and news paper articles to prove a point to the public eye. This group and other similar groups fought for the same purpose and some success ocurred. The legislation that stated each new driver under the age of 19 was not allowed to carpool was abolished because majority of the public portrayed it as ageism.(15) Discussion evolved also around the youth and speeding penalties.

**__Conclusion: Those at Stake__** With the new legislation passed, drivers who are social drinkers and raging alcoholics need to be placed in AA meetings because the society portrays them as outsiders. The government as well as alcohol marketing campaigns also need to strongly promote alcohol positively to the niche public so that profits occur through mass consumption. Dangerous drivers should be penalized so that the victims of the grieving public find closure. These strict consequences will be an eye opener to the public, so that all are aware of the potential outcomes. The entire population could never be satisfied, but the democratic government must reach an agreement to please the majority of its citizens and maintain social security.

(1) Hartman, Jennifer. Canadian Citizen. Personal Interview (2) http://www.theglobeandmail.com/servlet/story/LAC.20071126.DRIVING26/TPStory/TPNational/Ontario/ (3) http://www.mto.gov.on.ca/english/safety/impaired/breaklaw/breaklaw.shtml (4) Twelfth Division, Constable. Personal Interview (5) http://www.madd.ca/english/research/real_facts.pdf, p. 79 (6) http://madd.ca/english/about/index.html (7) http://madd.ca/english/about/index.html (8) http://madd.ca/english/research/Strategic%20Plan%20EXTERNAL%20ENG%20FINAL.pdf p.8 (9) http://www.madd.ca/english/news/pr/p031219.htm (10) http://www.madd.ca/english/news/pr/p031219.htm (11) http://www.madd.ca/english/research/real_facts.pdf, p. 81 (12) http://www.ydagainst.com/ (13) Contois, Greg. http://www.ydagainst.com/ (14) http://www.ydagainst.com/ (15) Works Cited

Appleby, Timothy. "Drinking and driving laws to get tougher." The Globe and Mail 26 Nov. 2007. CTVglobemedia Publishing Inc. 01 Feb. 2009 .

Break the Law, Pay the Price. 23 Jan. 2009. Ministry of Ontario Transportation. 30 Jan. 2009 .

Facebook 2009. 29 Jan. 2009 .

Hartman, Jennifer. "The Law to Acquire an Ontario Drivers Licence in the 1980s." Telephone interview. 29 Jan. 2009.

Interview with Constable 12th Division.

Is it against the Charter of Rights and Freedoms. 25 Nov. 2008. PhpBB Group 2007. 29 Jan. 2009 .

MADD Canada.2004 MADD Canada 2004. 29 Jan.2009<[|http://madd.ca]

MADD Canada I Learn More. 2004. MADD Canada 2004. 29 Jan. 2009 .

Protest the New Young Drivers Bill â€¢ Index page. PhpBB Group 2007. 29 Jan. 2009 .