The Ford government is facing calls to rescind a pandemic-era policy that allows prosecutors to reduce impaired driving charges as part of an effort to reduce court backlogs.
As first revealed by Global News, Ontario’s attorney general issued a directive to prosecutors during the height of COVID-19, allowing them to drop certain drunk driving charges in exchange for a guilty plea under the Highway Traffic Act.
Although the Ford government failed to track the number of settlements, Mothers Against Drunk Driving (MADD) estimates that thousands of drivers would have avoided a criminal record as a result of the policy.
The drunk driving resolution remains in the Ontario Crown Prosecutor’s Handbook – the Ontario government’s set of guidelines to the province’s justice system. Now Progressive Conservatives are facing questions and criticism over the policy that some say amounts to a “slap on the wrist.”
In December, Ontario Provincial Police Sgt. Kerry Schmidt uploaded a video on social media designed to send a surprising message.
“This year alone, more than 10,000 drunk driving citations have been issued by the OPP,” Schmidt said. “Compared to (2022), we see a 16 percent increase in the number of drunk driving cases.”
Although provincial police have increased enforcement of drunk driving, including administering mandatory breath tests at every traffic stop, an unknown number of their cases never made it through the criminal justice system.
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In some cases, those charged with drunken driving have been offered plea deals that allow them to avoid a criminal record. The criminal charges laid by police at the roadside will be dropped in exchange for guilty pleas to non-criminal violations of the Road Traffic Act.
The policy was introduced to reduce court backlogs in 2021 and can only be used by prosecutors in situations where there are no aggravating factors such as death or injury.
Despite introducing the policy with strict guardrails on when it can be used, the Ford government has failed to put in place the tracking systems to understand how often it is used. That failure, one critic said, means the province cannot judge whether the policy is working.
“It probably reduces (court) time (but) how much time are you actually reducing? They can’t say it. How often do people reoffend? The government cannot say. So I can’t say, and none of us can say, whether it’s effective,” Ontario Liberal MP John Fraser stressed.
In a statement to Global News, the Department of the Attorney General said the option to reduce charges remains in place to prioritize more important cases.
“The policy was introduced to prioritize the prosecution of serious crimes such as gun crimes and sexual assault, thereby reducing the likelihood that such egregious prosecutions will be dismissed due to delays,” the agency said in a statement.
But Kristyn Wong-Tam, Ontario NDP critic for the attorney general portfolio, questioned the government’s motives.
“We saw over 1,300 sexual assault cases dismissed in Ontario last year because they didn’t go to trial,” Wong-tam said, citing data obtained by the NDP.
“(They) are reducing criminal charges when it comes to drunk driving, claiming this is because they want the system to work efficiently. Well, that didn’t happen.”
The Ford government’s political critics also claim the province is sending confusing signals when it comes to impaired driving.
Last week, Ontario introduced legislation to strengthen impaired driving laws to ensure first-time and repeat offenders face mandatory consequences to deter other impaired drivers.
“Too many families in Ontario have had their lives torn apart by the careless and shameful actions of impaired drivers,” Transportation Minister Prabmeet Sarkaria said in introducing the new measures.
“That’s why our government is introducing tough new measures, including lifetime driver’s license suspensions, that will protect families and keep our communities safe.”
Fraser said the fact that Crown lawyers can water down some driving charges weakens the idea that Ontario is getting tougher on drunk driving.
“If the government comes out and says this is a serious crime and we’re going to increase the penalties for it, but at the same time you might not even get there… that’s a genuine concern,” he said. .
Wong-Tam believes the policy amounts to a “slap on the wrist” and wants it eliminated.
“I think the policy should be rescinded because it was introduced during a COVID pandemic,” Wong-Tam said. “It’s clear we don’t live in those times anymore.”
The attorney general’s office said prosecutors take drunk driving “extremely seriously.” Even those who receive the plea deal face other serious consequences, a spokesperson said.
“In addition to the penalties imposed upon a conviction for careless driving, offenders are subject to pre- and post-conviction sanctions, including a 90-day driver’s license suspension, a seven-day vehicle seizure, $825 in administrative fines and fees reinstatement of driver’s license, and six demerit points,” they said.
© 2024 Global News, a division of Corus Entertainment Inc.
