Saskatchewan Federation of Police Officers 109 BILL C-46 Bill C-46: An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, tabled in the House of Commons, May 11, 2017 In April 2017, the Government of Canada proposed legislation to significantly reform and strengthen Canada’s impaired driving laws. If passed, Bill C-46 will improve screening and detection measures for drivers impaired by alcohol and/or drugs. Key among the measures being proposed: • Introduce driving limits, new roadside testing measures and new charges and penalties for drugged driving. • Introduce mandatory alcohol screening. • Close legal loopholes which have enabled impaired drivers to avoid liability. • Increase minimum fines for impaired drivers with high BACs. Change to “over 80” offence Clause 15 (new paragraph 320.14(1)(b)) rewords the current “over 80” offence to prohibit having a BAC at or over 80 mg/100ml within two hours of driving. This would be subject to an exception for “innocent intervening consumption,” meaning consumption that occurred after driving, where the individual had no reason to expect a breath or blood demand, and where the quantity consumed was consistent with a BAC that was below 80 at the time of driving. This would criminalize consumption of alcohol prior to driving in quantities sufficient to result in a BAC at or over 80 (“bolus drinking”), even where the BAC at time of driving may have not yet risen above the limit. It also criminalizes consumption after driving, in situations where an individual had a reasonable expectation that he or she may be required to provide a sample (for example, after an accident), and that may serve to obstruct investigation of the offence. The following considerations support the consistency of this section with the Charter. By criminalizing bolus drinking and drinking that may obstruct an investigation, the offence captures two categories of reckless, morally culpable conduct, the prohibition of which serves the Government’s objective of combating impaired driving. The definition of the offence in terms of BAC within two hours of driving and the “innocent intervening consumption” exception combine to ensure that dangerous conduct is covered while innocent consumption after driving is not captured.
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