The most recent law reforms in Canada have focused on increasing sanctions against drink-drivers, especially for repeat convictions. This was done in amendments to the Federal Criminal Code in 1999, and in some provincial legislation. Nevertheless, there has been considerable concern that these amendments were unlikely to be very effective, due to inadequate law enforcement. This paper presents a study that aimed to find out the actual situation in Ontario. The study used data, provided by the Canadian Centre for Justice Statistics (CCJS), relating to four specific drink-driving offences, but found many gaps in the coverage of the data. Nevertheless, the study's findings were revealing and disturbing, despite their limitations. The study analysed the dispositions of charges, pleas, and sentences for federal drink-driving offences involving adults appearing in the Ontario Court (Provincial Division) in 1996-97. The offences analysed were: (1) impaired driving and driving with a blood alcohol level above 0.08%; (2) failing to provide samples; (3) impaired driving causing injury or death; and (4) driving while prohibited. Despite many missing data, the results raised serious concerns about enforcement, prosecution, and sentencing practices; they suggested the need for more resources and staff, and for stricter laws.
Abstract