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Impaired driving is a concurrent power between parliament and legislature. Parliament uses a broad power to enact criminal law for the public good, where legislatures must ground theirs into an existing head of provincial power (Olivo, 2016). Criminal law is the body of law that deals with harmful conduct to society that is prohibited by a statute in the Criminal Code. Those that go against the statute will be prosecuted and punished by the government.

There are 2 types of criminal laws; summary conviction, which are minor offences and indictable offences which are more serious. Impaired driving would fall under the indictable offences. In a summary offence, the accused would appear in provincial court for a trial that would typically proceed right on the spot. The maximum find you can face for a summary offence is $5,000, 6 months in prison, or both. Indictable offences are a little bit different, whereas you have 3 choices; have a judge alone hear the case in a provincial court, have a judge and jury hear the case in a superior court, of have the judge alone hear the case in a superior court.

In some case’s a preliminary hearing might be held before a trial to examine if the evidence is enough to proceed with trial, if not, the judge will dismiss the case. When a person commits an offence, they are taken to a holding cell in a detention center and see a judge as soon as possible. The judge then will decide on a pre-trial or release on bail. After trial, you may face a number of different penalties such as; a fine, restitution, probation, community service, or imprisonment.

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R. v. Courneya, 2018 ONCJ 380 (CanLII)
This case relates to my topic of impaired driving because it illustrates a perfect example of how prominent of an issue it is in our society to this day. This case dates back to May 31st, 2018 so it is very recent. The case is being addressed due to a head-on collision with a van and another vehicle in oncoming traffic. The offender had no previous criminal charges although his record showed that he had 9 previous speeding offences. Even with the increased penalties and various options to have a safe travel home, people are still deciding to drive while under the influence which is resulting in many deaths and injuries every year.

David Courneya was driving south from his Orangeville home on Highway 10 to go shopping. He had gotten up early and was fatigued, and he had also consumed alcohol. Due to these reasons his driving was terrible and was seen by other motorists to be swerving, driving in the turning lane without turning, driving aggressively and passing many cars, and finally drifting into oncoming traffic. When he entered the northbound lane, he just missed 2 other cars before colliding head on with the car operated by Mr. Morrissey, who was 56 and had no chance of survival due to the sudden, massive, and powerful impact.

Weather, traffic, and road conditions played no role in the collision.

After emergency services arrived, Courneya was assessed and had a cut to his forehead. His gait was unsteady, his speech was slow, his eyes were red, and he appeared to have cotton mouth. When he spoke is breath smelled of alcohol and admitted to having “a couple of drinks”. When an officer administered a breath test, the results of which were analyzed by a forensic toxicologist that concluded the BAC was 150-21- milligrams of alcohol per 100 milliliters of blood. This reading is twice the legal limit.

After 7 days of trial, Courneya plead guilty to one count of impaired driving causing death.

The offender took full responsibility and acknowledged that this was not a mistake, but a fatal choice. It is stated that he gave a genuine and earnest apology for his actions and hoped for, but didn’t expect forgiveness.

The justice that heard this case has sentenced Courneya to 4.5 years in the penitentiary, with 4 ancillary orders which are;

1.       An in-custody, primary DNA order

2.       A section 109 Criminal Code of Canada Firearms Prohibition for ten years on any restricted items and life on all prohibited ones

3.       A victim surcharge of $200.00 payable in 60 days

4.       A driving prohibition for 8.5 years from today

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This video entails the new impaired driving laws, what rights law enforcers have, increased penalties, and some public feedback.
The video directly gives the new penalties for driving drunk above the legal limit. First time offenders face a minimum of a $1,000 fine, second time is minimum 30 days imprisonment, and third or more is a minimum 120 days imprisonment. The new law demands that you do a breathalyzer, if you refuse you will face 90-day suspension, a 7-day vehicle impound, and a criminal charge for refusal, which holds you liable for up to $2,000 in fines

People are concerned about how the mandatory screening is going to unfairly affect racial minorities who are already singled out by police. Also, how it will violate rules about search and seizure, and unlawful detention.

Some drivers were interviewed while driving and they have given a positive reaction in regards to making things safer and showing the public that the government cares and wants to make changes.

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What you need to know about the new impaired driving laws

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This video also entails the new impaired driving laws, what rights law enforcers have, increased penalties, and some public feedback.
This video starts with an interview from a pedestrian who does not drive, he says he thinks cannabis consumption while driving won’t be an issue because “a lot of people can function with it in their system”. Afterwards you hear a statement from the Chief Executive Officer from MADD Canada say that he thinks it will increase the amount of accidents and injuries on the roadways. New legislation allows police to demand a saliva sample if they have suspicion that someone is impaired. There have been 3 types of offences listed for driving within 2 hours of consumption, the most fatal will result in life in prison. The video continues to give statistics about cannabis users one fact being that men use it more than women. It also goes on to discuss which way people prefer to use the product whether it be a dry herb or an edible.

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Driving high: Preventing impaired driving a focus for authorities

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This video was from CTV News and it allows the viewer to get an inside look at what dealing with an intoxicated driver looks like from a police officer's point of view. It shows the stops of 3 or 4 people and how the officers assess the situation and what actions that will be taken if they are above the legal limit. This video is relevant to my topic of impaired driving because it allows viewers to see that there are many impaired drivers out on the road every night and that it happens in our own cities. SGT Mahon has only been in traffic enforcement for 2 months and he said that he was under the assumption that things were getting better but it is evident that it is not. On the Saturday night that CTV followed the officers, there was a total of 8 impaired driving charges, and the number was the same on Friday. Those number also do not include the people that did have alcohol in their system, but blew below the legal limit.

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Motorcycle Stunters VS. Cops Compilation

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Indiana State Police Information Channel

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Our Toronto Toronto Police Somali Liason Unit CBC Toronto

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CTV joins Toronto police as they stop impaired drivers

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Toronto police invited CTV's cameras as officers performed regular stop checks for impaired or dangerous drivers. Tamara Cherry reports.

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This article begins with the sentence of a 19-year-old to 80 days in custody at a youth facility followed by 40 day of community supervision and a 3.5-year license suspension after he plead guilty to impaired driving causing death. The backstory here is that 5 friends were at a party and the then 17-year-old got behind the wheel after drinking alcohol spiked iced teas and a bit of weed. He left after a number of people tried to stop him, a car wtih 3 other men followed him. Along the drive home the 17-year-old sped up to pass the car in front of him, lost control, and rolled the car. When he was pulled from the wreck, the passenger didn’t have a pulse and the driver plead guilty. The article finishes by saying that the driver has quit drink and smoking weed, attends church, and has a job and volunteers regularly since the crash.

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It's been nearly two years since a poor decision at a party turned deadly, and now a young man will see jail time.

Judge Robert Heinrichs sentenced a 19-year-old man to 80 days in custody at a youth facility followed by 40 days of community supervision Thursday after he pled guilty to impaired driving causing death.

Judge Heinrichs ordered a publication ban on the case, prohibiting media outlets from naming the driver or the person who died.

READ MORE: Manitobans worry about drug-impaired driving once pot is legal: Survey

According to court records, a group of five teens left a gathering in Dufresne on Oct. 16, 2016, including the then-17-year-old who got behind the wheel impaired by alcohol-spiked iced teas and a bit of weed.

A number of his friends tried to stop him from driving, but he left in the early hours, taking a passenger with him.

Another car with three other young men followed.

At some point, the 17-year-old tried to pass the car ahead of him. He sped up, lost control and ended up rolling the car.
WATCH: Teen takes impaired driving test in 'drunk suit'
The driver was pulled from the wreckage by one of his friends in another car. But the 17-year-old passenger didn't have a pulse.

The teen driver pleaded guilty to impaired driving causing death earlier this year.

Since the crash, he's quit drinking and smoking weed. He attends church, has a job and volunteers regularly, according to the court.

By all accounts, it was an out-of-character decision that ended his friend's life, Judge Heinrichs said.

READ MORE: Manitoba's 1st roadside memorial sign honours man killed by drunk driver in 2010

"He's a better person now than he was then," Judge Heinrichs said of the teen, noting he is at a very low risk to re-offend.

The teen is also also banned from driving for 3.5 years.

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Teen who killed friend while drunk driving sentenced to 120 days

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It's been nearly two years since a poor decision at a party turned deadly, and now a young man will see jail time. Judge Robert Heinrichs sentenced a 19-year-old man to 80 days in custody at a youth facility followed by 40 days of community supervision Thursday after he pled guilty to impaired driving causing death.

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This website is great as it is filled with facts regarding driver safety in regards to impaired driving. According to the data provided, drunk driving numbers have gone down in the past few decades but youth are very much at risk whether they are drivers or not. Motor vehicle deaths are the leading cause of death for people under the age of 24. Almost half of which involve alcohol. It then goes into description about your BAC and gives some statistics stating the higher your BAC is, the chance of you being involved in an accident multiplies. For example, a BAC of 0.02, leaves you with a 1.4 higher chance of you having an accident than someone that is sober. Whereas when you have a BAC of 0.15, you are 380 times more likely. In the end of the web page, it gives some options to be smart and set a DD (designated driver) or to take a cab or uber.

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Although traffic fatalities are lower than they were at the turn of the century, alcohol-related crashes still kill about 10,000 people per year in the United States, with alcohol being a factor in one out of three motor vehicle deaths.﻿﻿

Despite all the warnings, public awareness and educational programs, and stiffer penalties for violations, people will still get behind the wheel of their vehicles while intoxicated. Drunk driving numbers for high schoolers decreased by half between 1991 and 2012, but teens are still at risk whether they are the drivers or not.﻿﻿

How Dangerous Is Drinking and Driving?

According to a 2014 study, an adult driver with a blood alcohol concentration (BAC) of 0.08 is seven times more likely to be involved in a fatal motor vehicle crash than a sober driver. Young adult drivers (ages 21-34) with a 0.08 BAC are 12 times as likely to be in a fatal car crash than drivers who haven't had alcohol.﻿﻿

Basically, the more you drink, the more likely you are to have a fatal accident. The odds of having any vehicle accident, fatal or otherwise, increase at similar rates.﻿﻿ Here are the cold, hard facts.

Alcohol Increases Your Risk of a Crash

A 160-pound person drinking two 12-ounce beers within an hour would probably have a BAC of 0.04, well below the legal limits of driving under the influence, but 1.4 times more likely to have an accident than someone who is sober.﻿﻿

One of the problems with setting the legal limit for "drunk driving" at a blood-alcohol content level of 0.08 is it sends the message that if you are not yet legally drunk, you are therefore okay to drive.

Impairment Begins Below 0.08 BAC

The problem lies in the fact that impairment begins long before you reach the 0.08 level. Scientific research explicitly shows that some of the skills that you need to drive safely begin to deteriorate even at the 0.02 blood-alcohol level.﻿﻿

Is It Safe to Drink Just Two More Beers?

If you had those first two beers that raised your BAC to 0.04 and now you drink two more beers to raise your BAC to 0.08, your likelihood of an accident goes up drastically. At 0.08 BAC, a driver is 11 times more likely than the non-drinking driver to be involved in a crash. As the amount of alcohol in the driver's system rises numerically on the BAC scale, the likelihood of a traffic accident multiplies.﻿﻿

Now add two more beers to your total, you are up to having consumed a six-pack and have likely passed the 0.10 BAC level. Your likelihood of having an accident is now 48 times higher than the abstainer.

Two more beers: Hey, you've already had a six-pack, two more couldn't hurt, right? Except two more beers could put your BAC close to 0.15, at which point you are 380 times more likely to have an accident.

Play It Smart

Play it smart during weekends and holidays. If you plan to party away from home-and this includes on the water-be sure to appoint a designated driver for the car or operator of the boat.

Consider calling a cab or using a rideshare app to get yourself and your loved ones home safe and protect everyone else on the road. Better yet, if you are going to be drinking away from home, use those options to get to the party so you don't have a car handy that you'll be tempted to drive when your judgment is impaired by alcohol.

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Cold, Hard Facts About How Alcohol Impairs Your Driving Skills

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Although traffic fatalities are lower than they were at the turn of the century, alcohol-related crashes still kill about 10,000 people per year in the United States, with alcohol being a factor in one out of three motor vehicle deaths.﻿﻿ Despite all the warnings, public awareness and educational programs, and stiffer penalties for violations, people will still get behind the wheel of their vehicles while intoxicated.

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This article is from the MADD in Sarnia Lambton area. It states that by March 19, 2019, there has been 15 impaired driving charges, which might not seem too bad as that’s only 5 per month. But in total for 2018 there was only 46 impaired driving charges, so if we keep this rate up, that number will increase by 1/3. It finishes by giving your options to eliminate impaired driving through a DD, cabs, and calling 9-1-1 if you suspect someone is impaired while driving

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MADD Sarnia Lambton is taking part in a nation-wide campaign to keep our roads safe.

The second National Impaired Driving Prevention Week is March 17-23.

So far in 2019, Lambton OPP officers have laid 15 impaired driving charges.

In 2018, Sarnia police laid a total of 46 impaired driving charges and three impaired by drug charges.

Local MADD chapter President Charmaine Murray said everyone in Sarnia-Lambton and across Canada, needs to be proactive in order to eliminate impaired driving.

"Be it through being a designated driver, calling cabs for people, dialing 9-1-1 if you suspect a driver is impaired, talking to your children about the dangers of getting in a vehicle with someone who is impaired, and if they're old enough to drive, making sure that they're making those right choices, like knowing how they're going to get home when they're going out."

Murray said impaired driving is 100 per cent preventable, and that there is no excuse for getting behind the wheel while impaired.

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Nation-wide campaign against impaired driving

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Blackburn News March 19, 2019 MADD Sarnia Lambton is taking part in a nation-wide campaign to keep our roads safe. The second National Impaired Driving Prevention Week is March 17-23. So far in 2019, Lambton OPP officers have laid 15 impaired driving charges.

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This photo was taken from this article involving an Oshawa man and an international student that was killed due to the impairment of the Oshawa man. This photo is relevant to my topic of impaired driving because it exemplifies the fact that impaired driving is very much present in our community as this article is from October 4th, 2018
https://www.durhamregion.com/news-story/8943365-oshawa-driver-charged-with-drunk-driving-after-international-student-dies-in-two-car-collision/

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in this photo it is showing a police officer at the crash location on Salem road in Ajax. This article was written on November 19th, 2018 making it even more recent than the first photo. Impaired driving is an issue in the Durham Region that needs to be taken seriously as another man was killed in this accident.
https://www.durhamregion.com/news-story/9039174-video-oshawa-man-killed-in-ajax-crash/