Ontario’s police chiefs have been in discussions with the Ford government regarding a pandemic-era policy that allows suspected drunk drivers to downgrade their charges and avoid a criminal record. This policy was put in place by the attorney general to help reduce the caseload in the criminal justice system during the COVID-19 pandemic. Suspected impaired drivers without aggravating factors can plead guilty to non-criminal Highway Traffic Act offences instead of facing a criminal trial and potential conviction. Although all other pandemic restrictions have been lifted, the option to downgrade drunk driving charges in Ontario remains due to court backlogs.
The government has kept the policy in place to allow Crown attorneys to focus on violent crimes and sexual assault cases while diverting the least serious impaired incidents away from the criminal justice system. However, the effectiveness of this measure has been under discussion with Ontario’s police chiefs since the start of the pandemic. The Ontario Association of Chiefs of Police has been in talks with the Ford government about ensuring the delivery of justice in these types of cases. The attorney general’s office is looking forward to discussing this matter with the police chiefs at an upcoming meeting. Opposition politicians have criticized the policy, calling it a “slap on the wrist” for alleged impaired drivers.
Ontario NDP attorney general critic Kristyn Wong-Tam has raised concerns about the policy, pointing out that while suspected impaired drivers may be getting lighter sentences, thousands of sexual assault cases are being thrown out due to court delays. Mothers Against Drunk Driving (MADD) has suggested that Ontario should adopt a similar approach to British Columbia, where police can impose harsher non-criminal penalties for impaired driving. In British Columbia, drivers who fail a breathalyzer test can face administrative sanctions, vehicle impoundment, driving bans, and fines. MADD Canada CEO Steve Sullivan believes that imposing severe penalties without going through the criminal justice system could still be effective in dealing with less severe impaired driving cases.
While Ontario’s Highway Traffic Act includes some measures similar to those in British Columbia’s laws, police in Ontario often proceed with Criminal Code charges for impaired driving. MADD has proposed the adoption of non-criminal penalties to the Ford government, suggesting that it could save lives and prevent injuries. Sullivan believes that the current process of dealing with impaired driving through careless driving charges is not beneficial to anyone. The government is considering the proposal and recognizes that addressing impaired driving cases through non-criminal sanctions may be a more effective approach. The discussions between the various stakeholders are ongoing as they work towards a solution that ensures justice for all parties involved in impaired driving cases.
