The Province of British Columbia is the latest Canadian province to get tough on drinking drivers.
Solicitor-General John Les, says that legislation is presently being prepared that would allow B.C. to seize and sell impaired drivers' vehicles even without an accident. Les didn’t supply too much in the way of specifics but did say that blood-alcohol level would be an extremely important indicator and that the behavior of the individual at the time of the arrest would be another important indicator as to whether the vehicle would be seized.
In the end, it would be up to a judge in civil court to approve the forfeiture. The proposed legislation would become the toughest in the nation, going well beyond Ontario’s current three strikes and you lose your car legislation, which allows that to seize and sell vehicles of people convicted of three drinking-driving convictions in 10 years.
There has not been much comment from the Premier yet regarding the legislation, a number of years ago Premier Gordon Campbell was involved in a now famous drinking and driving case in Hawaii. Becoming perhaps the province's most famous impaired driver, it was a situation which he has accepted full responsibility of his actions for and repeatedly has said he was in the wrong.
Solicitor-General John Les, says that legislation is presently being prepared that would allow B.C. to seize and sell impaired drivers' vehicles even without an accident. Les didn’t supply too much in the way of specifics but did say that blood-alcohol level would be an extremely important indicator and that the behavior of the individual at the time of the arrest would be another important indicator as to whether the vehicle would be seized.
In the end, it would be up to a judge in civil court to approve the forfeiture. The proposed legislation would become the toughest in the nation, going well beyond Ontario’s current three strikes and you lose your car legislation, which allows that to seize and sell vehicles of people convicted of three drinking-driving convictions in 10 years.
There has not been much comment from the Premier yet regarding the legislation, a number of years ago Premier Gordon Campbell was involved in a now famous drinking and driving case in Hawaii. Becoming perhaps the province's most famous impaired driver, it was a situation which he has accepted full responsibility of his actions for and repeatedly has said he was in the wrong.
Should Les require a spokesperson for the new legislation there perhaps may be no better person to step up to the microphone than his boss.
The Canada.com website has the details on the proposed plans.
The Canada.com website has the details on the proposed plans.
B.C. getting tougher on drunk drivers
Ethan Baron and Stuart Hunter
Canwest News Service
Saturday, February 23, 2008
Ethan Baron and Stuart Hunter
Canwest News Service
Saturday, February 23, 2008
VANCOUVER - British Columbia plans to begin seizing and selling vehicles of impaired drivers, Solicitor-General John Les says.
Les is inviting police across B.C. to bring him accident cases involving drunk drivers so his ministry's Civil Forfeiture Office can use existing legislation to begin permanently confiscating those vehicles.
New legislation under development would allow B.C. to seize and sell impaired drivers' vehicles even without an accident, and would top an Ontario law that came into effect Wednesday, Les said. Ontario's law permits the province to seize and sell vehicles of people convicted of three drinking-driving convictions in 10 years.
"We'll get you the first time," Les said.
The new vehicle-forfeiture legislation would rely on a civil court finding that a driver was impaired to the point that they were likely to cause injury or property damage, Les said. He said he could not be too specific about what aspects of an impaired-driving offence would make a driver subject to vehicle forfeiture.
"Obviously, blood-alcohol level would be an extremely important indicator," Les said. "The behavior of the individual at the time of the arrest would be another important indicator."
It would be up to a judge in civil court to approve the forfeiture.
Since the Civil Forfeiture office began using forfeiture legislation a year ago, they've seized cash, property, homes, and the Hells Angels Nanaimo, B.C. clubhouse, Les noted.
So far, that legislation has not been used to seize vehicles from impaired drivers, but it can be used to do so in cases of impaired-driving accidents, Les said.
The move was welcomed by police, the Insurance Corporation of B.C., and MADD Canada.
"That would be a great tool to add," said Vancouver Police Const. Tim Fanning. "Anything to help fight people that continue to go out and drive drunk.
Kate Best, of ICBC, noted alcohol was a factor in more than 28 per cent of all police-reported crashes in 2005. She added that in 2005 a total of 127 people were killed by alcohol-related crashes compared to 102 in 2004.
"It's good news," Best said of Les' plan.
Andrew Murie, CEO of MADD Canada, has been calling for nation-wide legislation since 2000 and urged other provinces to follow the leads of Manitoba and Ontario.
"The good thing they are doing is putting fear into the people, who drink and drive," Murie said from Toronto. "The earlier they can threaten that the better. The focus should also be on treatment and suspension - let's not let the tail wag the dog."
Image of IRSU police cars from the BC gov't website
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