Ontario’s police chiefs are currently in discussions with the Ford government regarding a pandemic-era policy that allows suspected drunk drivers to downgrade their charges and avoid a criminal record. The policy was implemented during the COVID-19 pandemic to alleviate the caseload in the criminal justice system by offering plea bargains to non-serious drunk driving cases. Suspected impaired drivers without aggravating factors could plead guilty to non-criminal Highway Traffic Act offenses to avoid a criminal trial and potential conviction. Despite the lifting of other pandemic restrictions, the option to downgrade drunk driving charges in Ontario still exists due to court backlogs.
The Ontario Association of Chiefs of Police initiated discussions with the Ford government in 2020 to ensure justice for all parties involved in impaired driving cases. The association has been regularly discussing the effective management of legal cases involving impaired driving and is currently in discussions with the Ministry of the Attorney General on the matter. The effectiveness of the policy has been a topic of debate within the association, with ongoing discussions to address the issue. The attorney general’s office is looking forward to speaking with the police chiefs in an upcoming meeting to further discuss the matter.
Opposition politicians, including Ontario NDP attorney general critic Kristyn Wong-Tam, have criticized the Ford government for allowing suspected impaired drivers to receive lighter sentences while thousands of sexual assault cases are being dropped due to court delays. Wong-Tam highlighted the impact of reducing criminal charges for impaired driving cases and emphasized the need for a more efficient justice system. Mothers Against Drunk Driving (MADD) has suggested that Ontario should adopt a similar approach to British Columbia, where police can apply harsh non-criminal penalties for impaired driving offenses, avoiding the criminal court process while still applying severe penalties.
MADD Canada CEO Steve Sullivan proposed the implementation of administrative sanctions and impounding of vehicles for drivers who fail breathalyzer tests in Ontario, similar to the laws in British Columbia. Sullivan highlighted the effectiveness of avoiding the criminal process in dealing with less severe impaired driving cases as a way to save lives and prevent injuries. While Ontario’s Highway Traffic Act includes some measures similar to those in British Columbia, police in Ontario often proceed with Criminal Code charges. MADD has pitched the policy to the Ford government, emphasizing the need for effective measures to deal with impaired driving cases while still targeting the behavior of the offenders.
The ongoing discussions between Ontario’s police chiefs and the Ford government reflect the complexity of addressing impaired driving cases in the province. The need for justice for all parties involved, the impact of court delays on the handling of such cases, and the effectiveness of current policies are all important factors being considered in the discussions. The collaboration between law enforcement agencies, advocacy groups like MADD, and political representatives is essential in finding a balanced approach to dealing with impaired driving offenses and ensuring the safety of all road users. The outcome of these discussions will have far-reaching implications for Ontario’s justice system and the enforcement of impaired driving laws in the province.
