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e-3162 (Justice)

E-petition
Initiated by Jillian McLeod from Brampton, Ontario

Original language of petition: English

Petition to the Minister of Justice

Whereas:
  • The advocacy group Justice 4 Families has received 104,774 signatures on a "Change org" petition supporting the strengthening of laws and sentencing in regard to impaired and dangerous driving;
  • Stunt driving has seen an increase of up to 95% in many regions of Ontario alone;
  • There were 15 victims of impaired drivers in 2020 and in three cases, these were repeat offenders; and
  • The Parole Board of Canada hasn't had a proper audit or review of policies or mandate since 2014.
We, the undersigned, Justice 4 Families, call upon the Minister of Justice to:
1. Amend the Criminal Code to include stunt driving and street racing as federal offenses with applicable jail terms;
2. Amend the Criminal Code to create mandatory minimum sentences of 15 years for federal driving offenses;
3. Amend the Criminal Code to make mandatory each charge be served consecutively;
4. Amend the Criminal Code to increase minimum penalties including fines, jail terms, impounding, license suspension for impaired driving;
5. Amend the Criminal Code to reflect that the intent to harm or cause death while driving impaired is assumed and that the vehicle driven be considered a weapon;
6. Amend parole eligibility regulations to make it mandatory that convicted offenders serve 3/4 of their sentences for impaired driving causing bodily harm, impaired driving causing death, dangerous operation causing bodily harm, dangerous operation causing death, criminal negligence causing bodily harm and criminal negligence causing death; and
We thank the Honourable Justice Minister David Lametti for his consideration.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Honourable David Lametti

The Government of Canada is committed to ensuring the safety of the roads and highways, which is why, in 2018, new legislation was passed to strengthen the criminal laws around impaired and dangerous driving. The legislation streamlined and simplified applicable offences, and street racing is now properly considered under the offence of dangerous driving and is also considered as an aggravating factor for the purposes of sentencing.

There are currently very serious penalties for criminal driving offences. For instance, the maximum penalties for impaired driving causing bodily harm and dangerous driving causing bodily harm are 14 years’ imprisonment if the Crown proceeds by indictment. In addition, impaired driving causing death and dangerous driving causing death are punishable by up to life imprisonment, which is the most serious penalty in Canadian criminal law. The Government is confident that existing sentencing laws provide courts with the ability to impose appropriate penalties in dangerous and impaired driving cases.

Issues such as vehicle impoundment and licence suspension are more appropriately addressed by provincial and territorial governments under their constitutional authority over highways and driver licensing.

The Parole Board of Canada makes conditional release decisions and contributes to public safety through the controlled, timed and gradual release of offenders back into society pursuant to the Corrections and Conditional Release Act. In granting parole, the Parole Board must be satisfied that the offender will not present an undue risk to society before the end of the sentence and that the release of the offender will contribute to the protection of society by facilitating the offender’s return to the community as a law-abiding citizen. The protection of society is the paramount consideration in all Parole Board decisions.

Open for signature
February 8, 2021, at 3:36 p.m. (EDT)
Closed for signature
March 10, 2021, at 3:36 p.m. (EDT)
Presented to the House of Commons
Judy A. Sgro (Humber River—Black Creek)
April 14, 2021 (Petition No. 432-00787)
Government response tabled
May 28, 2021
Photo - Judy A. Sgro
Humber River—Black Creek
Liberal Caucus
Ontario