BC Govt may decriminalize drunk driving

[Minstrel Boy]

Yes, that's the government of Liberal Premier Gordon Campbell, convicted drunk driver.

VICTORIA - British Columbia Solicitor General Rich Coleman denies that a new discussion paper suggests that drunk driving be decriminalized in the province.

The paper includes a plan that would spare some drinking drivers from criminal records. A new alcohol-related offence would be established under the Motor Vehicle Act that could be used by police if they don't consider criminal charges to be warranted.

...

NDP MLA Joy MacPhail says she cannot understand why the Liberal government would even consider legalizing drunk driving. She says it should be setting an example by getting tougher on drunk drivers. Premier Gordon Campbell, she says, should be setting an example.



"When he was caught driving drunk and pled guilty to drunk driving, he swore at the time that he was going to learn from his lesson," MacPhail said. "It seems to me this doesn't demonstrate any learning from the lesson Mr. Campbell found himself experiencing in his drunk driving."
http://www.cbc.ca/stories/2004/01/30/bcdrinking040130

[iverglas]

1. that's a tough one

BC can't actually "decriminalize" anything -- the criminal law is under exclusive federal jurisdiction in Canada.

There are, of course, fuzzy areas, some of them relating to driving. Dangerous driving is a criminal (federal) offence; careless driving is a highway traffic (provincial) offence.

BC's proposal would be to have a parallel offence in provincial law, and to have provincial prosecutors opt for that charge rather than the Criminal Code charge. (The criminal justice system, not the criminal law, is under provincial jurisdiction -- as "marriage" is under federal jurisdiction but "the solemnization of marriage in the province" is under federal jurisdiction.)

It's possible for provinces and the feds to have concurrent jurisdiction over things, and deal with them in different ways. But I tend to think that if the feds have decided that drunk driving is a fit subject for the criminal law (based on the general theory of what the criminal law is for), the province's jurisdiction would be ousted. A court would find that the provincial law is ultra vires -- outside its powers.

Just my off the cuff thoughts. It's still interesting, and kinda lacking in the propriety and decency departments in the circumstances, that the BC Liberals would even muse about this.

.

[Lisa]

2. I apologize to the people of Hawaii ...

Our premier drove drunk in your state. It wasn't just a tipsy attempt to move his car -- he was on the highway, going at high speeds, and could easily have injured or killed someone. I'm sorry to say that Mr. Campbell's weeping and lamentations seem to be more about the fact that he was caught and punished, than shame that he wilfully endangered other people.

[Cleita]

3. I'm not really liberal about drunk driving, especially since a family

member was recently victimized by a drunk driver, and somehow I have been on the receiving end of some of the fallout from the incident, but I still believe that alcoholism is a disease and should be treated not punished.

I would really like to see some community action in providing alternatives to driving drunk. Some communities have already promoted drive home programs for people who have been out drinking. It's a bunch of restaurants and bars that get together to provide this service and of course the designated driver program.