Thank you, Mr. Chairman. The Standing Committee on Governance and Economic Development conducted public hearings on Bill 5, An Act to Amend the Motor Vehicles Act on April 24, April 30 and May 15 and 16, 2003. The committee would like to thank the witnesses who appeared before us and the Minister and his staff for presenting the bill.
The committee commends the government's efforts to reduce needless injuries and deaths in the Northwest Territories, by introducing tougher drunk driving sanctions aimed at getting drunk drivers off the road and encouraging drivers with alcohol dependency issues to get help. All of the witnesses, including representatives of Students Against Drunk Driving, the Salvation Army, the Royal Canadian Mounted Police, and the Chief Coroner expressed strong support for these amendments. As well, the national office of Mothers Against Drunk Driving submitted a letter of support for this bill, and in particular the proposed amendment providing for an automatic 30-day roadside suspension for a second impaired driving offence, which, in their opinion, shows leadership and guidance to other jurisdictions.
While Members were supportive of the principles and intent behind the bill, some Members expressed concern about whether it could realistically be enforced. This concern was allayed to some extent by what the committee heard from the various presenters. The committee was told that the new administrative penalties will give police officers a more effective and immediate means of getting drunk drivers off the road than the existing Criminal Code penalties, and are therefore more likely to be enforced. The RCMP advised us that enforcing this legislation will be a priority for them, and that they will find the funds from within to purchase the necessary roadside breath testing equipment for detachments which do not currently have it. The Minister of Transportation also indicated he would work with the Minister of Justice to see what can be done to improve the adequacy of police resources. The committee would strongly encourage the Ministers and the Cabinet to work together to address this issue. Members feel that the bill will not be effective in reducing impaired driving if there are not adequate resources in place to enforce it.
Members were impressed by the willingness expressed by the Students Against Drunk Driving, the RCMP and the Salvation Army to work together at the community level on education and awareness. As one witness stated, this is not a problem that any one agency alone can handle. The committee heard over and over again that legislation is only one weapon in the fight against drunk driving, and that education and awareness are also critical.
This is especially so because, as Northerners are all too aware, so many alcohol-related injuries and deaths occur with all-terrain vehicles and snowmobiles, which unfortunately will not be covered by the new legislation. The committee heard this is because there is no NWT-wide licensing system for these vehicles and bylaws vary from community to community. The amendments will not apply to boats either, because they fall under federal jurisdiction. Apart from the provisions of the Criminal Code, which are difficult to enforce, education is the only way we have to get people to stop drinking and driving boats and off-road vehicles. The committee would strongly encourage the department to work with agencies such as the Students Against Drunk Driving and the RCMP to send strong messages to the public that operating ATVs and boats while impaired is dangerous and unacceptable. Members also would urge the department to continue looking into options for bringing in administrative penalties for drunk driving that will apply to ATVs and snowmobiles.
Mr. Chairman, those are general comments. I will now turn to some of the details of the bill.
The committee did hear some specific suggestions for tougher legislation. Some witnesses and Members felt strongly that zero tolerance for alcohol should apply to all drivers and not just to novice drivers. The Students Against Drunk Driving suggested that in some cases the police should have the power to impound vehicles for 60 days, rather than 30 days, and requirements for alcohol ignition interlock devices should be mandatory for repeat offenders, and not at the discretion of the registrar.
Bill 5 makes provision for some programs to be implemented at a later date by regulation. As such, the details of these programs are not available for consideration by this House. The committee does have some comments at this time to guide the development of these regulations, and expects that there will be further consultation with the public and with the committee before they are finalized.
The proposed novice drivers program was of particular concern to Members.
In other parts of Canada, these programs sometimes restrict new drivers from being on the road at night. Members believe such restrictions would be too onerous for NWT drivers because of the extreme seasonal variation in daylight hours. Members also noted that nighttime restrictions could prevent new drivers from acting as designated drivers, a practice that may not be ideal, but is preferable to having drivers on the road while impaired.
The Minister assured Members that drivers will only be considered novices once, for the initial two years after obtaining a Class 5 driver's licence. The novice driver regulations will not apply to people reinstating their licences, or upgrading their licences, for example to a Class 3 or Class 1.
Some Members do not believe the novice driver provisions should apply to older drivers who are getting a licence for the first time. The committee would encourage the department to obtain public input on this issue during its consultations on the regulations.
Members also had some concerns with how the vehicle impoundment process will be established in regulations. There are some cases in which Members feel there may be unfair hardship to innocent people. One such case would be where a vehicle is stolen, and is impounded because the thief was driving without a valid licence due to a drunk driving conviction. Another case would be where an entire family depends on a vehicle and it is impounded because of one member of the family. In both these cases the owner or family member would have to establish their legal right to possession of the vehicle and pay the impoundment fees to get the vehicle back. The department committed to looking at these issues in drafting the regulations.
Members asked the Minister whether the amendments would allow police officers to require people to take blood tests and were assured that officers will not have any new powers to require blood tests beyond the provisions in the Criminal Code.
Mr. Chairman, in summary, the committee believes this legislation is a positive step, but understands that enforcement and education are critical to making it work. Members hope the Minister and the various agencies who appeared before the committee will keep to their commitments of working together to raise public awareness and to find the resources to enforce the act. Members also expect the department to consult widely with the public and the committee in preparing regulations.
During clause-by-clause review of the bill, three amendments of a minor and technical nature were passed by the committee and agreed to by the Minister. Following the committee's review, a motion was carried to report Bill 5, An Act to Amend the Motor Vehicles Act, to the Assembly as ready for Committee of the Whole. This concludes the committee's opening comments on Bill 5. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.