RNCA-16

26TH ANNUAL COMMUNI TY GUI DE Securing Our Community... Strengthening Our Commitment UNDER THE INFLUENCE Driving A W A R E N E S S

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1 www.rnca.ca Royal Newfoundland Constabulary Association

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3 www.rnca.ca Thank you to the residents and businesses of Newfoundland and Labrador for supporting our 26th Annual Community Guide! Each year, because of your support, we may continue bringing important safety information and awareness to the people of our province. This year we highlight the dangers of “Driving under the Influence”. This is a truly important subject of conversation and we thank all of our supporters for your assistance in helping support this year’s guide. The RNC Association makes many donations throughout the year to support initiatives and organizations within our community doing great work. This year, we are very pleased to have supported Mothers Against Drunk Drivers (MADD) Newfoundland and Labrador in their tireless work to stop driving while under the influence in our community. This local chapter of MADD Canada encourages individuals to plan ahead and provide services to victims and survivors to help them cope with the aftermath of this horrendous crime. MADD Canada’s most important priority is helping those who have lost a loved one or suffered an injury as a result of impaired driving. Every year, they provide a full range of free services to 20,000 victims/survivors of impaired driving. We are very pleased to support the work of MADD Canada and hope that you will use this community guide as a resource to start a conversation with your loved ones. No family should have to be impacted because of driving while under the influence. On behalf of the Royal Newfoundland Constabulary Association Executive Board and its membership, thank you again for your support! Sincerely, Mike Summers President RNC Association “Supporting our Community…Strengthening our Commitment” PRESIDENT’S m e s s a g e

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5 www.rnca.ca Royal Newfoundland Constabulary Association DUI Awareness CONTENTS RNCA News & Photo Album Impaired Driving . . . . . . . . . . . . . . . . . . . . . . . .11 Top Myths about Impaired Driving in Canada . .17 Alcohol and Drug Presence in Fatal Motor Vehicle Crashes . . . . . . . . . . . . . . . . . . . . . . .21 Impaired Boating is Impaired Driving . . . . . . . .21 Canada’s Impaired Driving Record is Poor by International Standards . . . . . . . . . . . . . . . . .23 Youth and Impaired Driving . . . . . . . . . . . . . . . .31 Is Smoking Cannabis and Driving the New Drinking and Driving? . . . . . . . . . . . . . .35 Drug-Impaired Driving . . . . . . . . . . . . . . . . . . .39 Disturbing Facts . . . . . . . . . . . . . . . . . . . . . . . .41 Trauma, Loss and Bereavement . . . . . . . . . . .43 Insurance and Financial Consequences of Impaired Driving . . . . . . . . . . . . . . . . . . . .47 Strengthening Impaired Driving Laws . . . . . . . .51 Highway Traffic Act Changes Aim to Reduce Impaired Driving . . . . . . . . . . . . . . . .55 Bill C-46: An Act to amend the Criminal Code . . . . . . . . . . . . . . . . . . . . . . . .57 More about MADD . . . . . . . . . . . . . . . . . . . . . . .65 MORE RESOURCES . . . . . . . . . . . . . . . . . . .112 RNCA made a $2,500 donation to MADD (Mothers Against Drunk Driving) Awards of Excellence . . . . . . . . . . . . . . . . . . . .71 Police and Peace Officers of the Year Award . . . . . . . . . . . . . . . . . . . . .73 Police Exemplary Service Medals and Bars Ceremony . . . . . . . . . . . . . . . . . . .79 Donations to the Community . . . . . . . . . . . . . . .79 Children’s Wish Telethon . . . . . . . . . . . . . . . . . .81 Law Enforcement Torch Run . . . . . . . . . . . . . . .81 Detective Sgt. Thomas Fraize Scholarship . . . .83 Police Studies Diploma Program Graduation . .83 NL Police and Peace Officers’ Memorial Ceremony & Parade . . . . . . . . . . . . . . . . . . .85 National Police Week 2016 . . . . . . . . . . . . . . . .89 Remembrance Day Ceremonies . . . . . . . . . . . .89 Coffee for a Cause . . . . . . . . . . . . . . . . . . . . . .91 Habitat for Humanity . . . . . . . . . . . . . . . . . . . . .91 Canadian Mental Health Association . . . . . . . .93 Mental Health Day . . . . . . . . . . . . . . . . . . . . . . .93 Mental Health Week . . . . . . . . . . . . . . . . . . . . .93 “Stuff a Sock” Campaign . . . . . . . . . . . . . . . . . .93 Cst. William Moss Softball Tournament . . . . . . .95 Bike Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 Salvation Army Christmas Appeal . . . . . . . . . . .95 Raise it up for Rainbow Riders . . . . . . . . . . . . .97 Shamrock Showdown Hockey Tournament . . .101 Battle of the Badges . . . . . . . . . . . . . . . . . . . .101 Killdevil Clamp . . . . . . . . . . . . . . . . . . . . . . . . .101 StandOut2 . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 Pumpkin Patrol . . . . . . . . . . . . . . . . . . . . . . . .103 Lab West Celebrates Winter Carnival . . . . . . .103 Seniors’ 2016 Christmas Party - St. John’s . . .105 Seniors’ 2016 Christmas Party - Corner Brook . .107 Annual Charity Benefit Hockey Game . . . . . . .109 ADVERTISERS’ INDEX . . . . . . . . . . . . . . . . .110 26th Annual Community Guide Driving under the Influence Awareness RNCA Messages Message from the Premier . . . . . . . . . . . . . . . . .1 Message from the RNCA President . . . . . . . . . .3 RNCA Executive Members . . . . . . . . . . . . . . . . .7 Message from the Publisher . . . . . . . . . . . . . . . .9

6 www.rnca.ca Celebrating over 25 Years in Health Care Rehabilitation, Prevention and Research Phone: 709 726-4006 Toll Free: 1-877-744-2468 Web: www.nlmta.ca

7 www.rnca.ca Royal Newfoundland Constabulary Association EXECUTIVE Cst. Steven Simmons 2nd Vice President Cst. George Horan Director, Support Services Cst. Danny Abbass Director, Corner Brook Cst. Jason Power Director, CID Cst. Scott Harris Treasurer Cst. Jared Sweetapple Secretary Sgt. Mike Summers President Cst. Nick Cashin 1st Vice President Cst. Ryan Armstrong Director, Platoon B Sgt. Steve Knight Director, NCOs Cst. Michael Hunt Director, Platoon A Cst. Kevin Hogan Director, Platoon C Photos not Available Supporting Driving under the Influence Awareness Cst. Jason Farrell Director, Labrador Cst. Michael Hollett Director, Platoon D

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9 www.rnca.ca The Royal Newfoundland Constabulary Associationpublishes their Annual Crime Prevention Guide to educate the public on important community concerns, such as this 26th Annual Crime Prevention Guide targeting the very serious problem of DUI Awareness. The consequences of driving under the influence of drugs or alcohol are all too often tragic, and it is a very serious concern for all citizens of our Province. This publication is made possible as a result of financial contributions from residents and business representatives throughout Newfoundland and Labrador, and with their generous support, the RNCAis able to give back to their communities through donations to various local charities and youth programs. On behalf of the RNCA, I would like to take this opportunity to sincerely thank each and every contributor to our 2016 Telephone Appeal, making it possible for this unique publication to be distributed to schools, libraries and public facilities, and also it’s also available online at www.rnca.ca, making it available to everyone as a tool to educate and promote DUI Awareness. Your comments and suggestions regarding these publications are always welcome and we look forward to speaking with you each year during our Annual Telephone Appeal. Respectfully, Mark T. Fenety President Fenety Marketing Services (Atlantic) Ltd. PUBLISHER’S MESSAGE “Providing quality, professional marketing and fundraising services on behalf of high-profile, non-profit organizations.” WWW.FENETY.COM

10 www.rnca.ca Committed to our community Proudly supporting the Royal Newfoundland Constabulary Association.

11 www.rnca.ca Royal Newfoundland Constabulary Association Alcohol Before the automobile was invented, the excessive use of alcohol caused more harm to the individual than to anyone else. Now they have at their disposal a two ton weapon – the motor vehicle! Special studies show that in 50% of fatal accidents at least one driver had been drinking – often excessively. Even small amounts of alcohol can have a dangerous effect on your behaviour. One drink alone can reduce a driver’s ability to concentrate, to correctly assess unexpected situations, and to react quickly enough. As the level of alcohol in your blood increases, you will have trouble judging distances and your vision will become blurred. Impaired driving is a criminal offence. If your ability to drive is impaired by alcohol or drugs, you can be convicted of a number of offences under the Highway Traffic Act and/or the Criminal Code of Canada. The vehicle doesn’t even have to be moving: you can be charged even if you haven’t started to drive (have care or control of a motor vehicle). The law is tough on impaired drivers. If you are found guilty of impaired driving, you will get a criminal record. Think about it. It doesn’t take a lot of alcohol in your system to be impaired. The law sets the legal limit at 50mg or more of alcohol in 100mL of blood. You can reach that limit by having only a drink or two, depending on body weight, the amount of alcohol in the drinks, time and other factors. The best rule to follow is “if you drink, don’t drive”. The law applies to all types of motorized vehicles – cars, motorcycles, trucks, snowmobiles, all-terrain vehicles, heavy equipment, boats and the like. If the police suspect that you are impaired when they stop you, they may ask you at the road Impaired Driving side, for a breath sample to test the amount of alcohol in your blood, or you may be taken to the police station to be tested. If your blood alcohol concentration is 50mg or more of alcohol in 100mL of blood, your driver’s licence will be suspended for 24 hours. If you can’t physically give a breath sample, the police officer can ask you to let a doctor take blood samples to see if you’re over the legal limit. These samples may also be taken by a nurse or hospital technician under a doctor’s authority. If you are injured and cannot be asked, the police, with the permission of a judge, can ask a doctor to take blood samples. If you submit to a blood test, you have the right to have one of the samples tested independently If you refuse to give a breath or blood sample, you will be charged with refusal. The penalties are the same as for impaired driving. Penalties Under the provincial regulations for impaired driving, new suspension periods have been established. A driver charged under the Highway Traffic Act can be suspended from 24 hours up to 90 days. As well, a driver convicted of impaired driving can be suspended from driving for periods of 12 months for a first offence and up to 60 months for a subsequent offence. For Novice Drivers there are also specific penalties for periods of suspension if the driver exceeds the zero tolerance regulations. 24 Hour Suspensions under the Highway Traffic Act: continued ...

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13 www.rnca.ca Royal Newfoundland Constabulary Association 90 Day Suspensions under the Highway Traffic Act: If your blood alcohol concentration is 80 mg or more, your driver’s licence will be suspended for 90 days in addition to the 24 hour suspension. The 90 day suspension will take effect 14 days after expiry of the 24 hour suspension. Suspension Periods for convictions under the Highway Traffic Act: 1st offence- suspended from driving for 12 months 2nd offence- suspended from driving for 36 months 3rd and subsequent - suspended from driving for 60 months Suspension Periods for Convictions under the Criminal Code of Canada If you are charged under the Criminal Code of Canada (CCC) for driving or having care or control of a motor vehicle (snowmobile, ATV, motorcycle, etc.), the penalties are: 1st offencefine of $600 or more, prohibited from driving for a minimum of 12 months, to a maximum of 3 years. 2nd offence- 14 days in jail and prohibited from driving for a minimum of 24 months, to a maximum of 5 years. 3rd and subsequent - 90 days in jail and prohibited from driving for a minimum of 36 months. Reinstatement Requirements Alcohol Education Courses are available from approved driving schools province wide. You may complete your course anytime during your suspension so contact them as soon as possible to arrange for an appointment. There is a fee charged for this service that is the individual’s responsibility. Novice drivers who exceed the zero tolerance blood acohol concentration will have their driving privileges suspended. Novice Driver Suspension Periods under the Highway Traffic Act: Alcohol Assessment/Rehabilitation This program is provided by Addiction Services, Department of Health. As part of your reinstatement requirements you are required to undergo an assessment. You should contact Addiction Services as soon as you receive your notification as you may be placed on a waiting list for an appointment. The initial interview and assessment process will normally take between 2-4 sessions. continued ...

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15 www.rnca.ca Royal Newfoundland Constabulary Association This process will take anywhere from 6 months plus. In addition to your reinstatement fees, you will have to pay an administrative fee for the assessment. These are minimum penalties and can be increased in some cases. It is illegal to drive when you have been ordered not to by a judge or when your licence has been suspended for an impaired driving conviction. If you do drive, you could face up to two years in prison and a further prohibition from driving up to life. The Criminal Code also enables the ordering of treatment in some cases. Remember, also, that it’s illegal to leave the scene of an accident. Penalties for this include up to two years in prison and a prohibition from driving of up to three years. If your impaired driving results in injury or death to others, the penalties are tough. The maximum penalties are: • Impaired driving causing bodily harm o up to 10 years in prison and up to a 10-year prohibition from driving • Impaired driving causing death o up to 14 years in prison and up to a 10-year prohibition from driving • Criminal negligence causing bodily harm o up to 10 years in prison and up to a 10-year prohibition from driving • Manslaughter and criminal negligence causing death o up to life in prison and up to a lifetime prohibition from driving. All of these penalties apply also to impaired boating and flying. ■ www.gov.nl.ca Stop and Think. Please Don’t Boat Impaired.

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17 www.rnca.ca Royal Newfoundland Constabulary Association Myth: If I only have one drink an hour I will be okay. Fact: The average 150lb male only burns off one standard drink about every two hours. Myth: Coffee, a cold shower, a large meal or other home remedies will help. Fact: Only time will allow your body to burn off the alcohol. Myth: Being charged with “over 80” and “impaired” is the same thing. Fact: These are two separate charges under the Criminal Code. While you cannot be convicted of both arising out of the same incident, they are different. “Over 80” is the amount of alcohol in your blood while “impaired” deals with the effects of alcohol on you. A good way to think of it is that an experienced drinker may have a number of drinks and end up with a blood alcohol content that exceeds 80mg of alcohol in 100ml of blood, but his or her behaviour is not changed and thus is not impaired. The flip side would be a “rookie drinker” who has two drinks. This person’s blood alcohol content would not exceed 80mg but the alcohol hits him or her hard; he or she begins to have problems with coordination and his or her ability to operate a motor vehicle may be impaired. Myth: All people react the same way to alcohol. Fact: As illustrated above, different people are affected differently by alcohol. Factors Top Myths About such as drinking experience and age affect how alcohol impacts their abilities in impaired cases while factors such as weight and gender affect the quantities of alcohol in a person’s blood in over 80 cases. Myth: Hypoventilation (holding your breath) or hyperventilation (breathing really hard) affects the readings. Fact: The only factor that will lower your reading on the Intoxilyzer, is giving your body time to burn off the alcohol. Hypoventilation and hyperventilation only make you dizzy and appear drunk. Myth: It is better to refuse to give a breath sample. Fact: Refusing to provide a sample either at the roadside or at the station is a separate and additional offence. You may be charged with the refusal in addition to impaired driving in Canada and end up with another separate charge that you have to fight and possible additional penalties. Myth: I must be okay to drive when I wake up in the morning and do not feel drunk. Fact: Alcohol stays in your system regardless of whether you sleep or remain awake. While the time you were sleeping does affect how much your body burns off, and you may wake up in the morning not feeling impaired, you may still have a BAC that is over 80. Remember that it takes about two hours to burn off each drink, so a person who has 10 standard sized drinks, normally needs about 20 hours to get back to a zero BAC. IMPAIRED DRIVING IN CANADA continued ...

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19 www.rnca.ca Royal Newfoundland Constabulary Association Myth: My car keys weren’t in the ignition so I can’t be charged. Fact: The law says that you can be charged if you are in care and control. You are presumed to be in care and control if you are in the driver’s seat. Even if you aren’t in the driver’s seat the Crown Attorney can still prove that you were in care and control through other factors. Some people have been found guilty while changing a tire, filling the car up with gas or even phoning a tow. Myth: The officer has to give you a roadside test. Fact: If the officer believes you to be obviously impaired, he or she does not need to give you a roadside test but can arrest you and take you directly to the station to provide a test. Even if they do not get tests at the station, you may still be convicted of impaired driving in Canada given your physical attributes when the police come across you. Without the BAC readings you just cannot be charged with over 80 (because there is no way to prove the amount of alcohol in your blood). Myth: A pardon erases any prior record. Fact: A pardon erases the criminal conviction, however, it does not affect your Ministry of Transportation record and the MT will suspend your licence based on their records, not your criminal record. Myth: Previous convictions from other provinces or the USA don’t count. Fact: Convictions from New York, Michigan or any Canadian province count towards MT suspensions. Convictions from other provinces also count towards Criminal Code penalties. Myth: When the judge sentences me, that is the final word on penalty. Fact: While the criminal sentence is important, it is not the end of things. The MT has a sentencing scheme that is separate from any criminal punishment. The MT will take your licence for one year on a first conviction, three years on a second conviction and for life on a third. There is a chance you can get your licence back after 10 years after a third conviction, but if caught a fourth time there is no chance to ever get it back. Furthermore, you will have to have the Interlock device installed for the same amount of time as the suspension after the suspension is completed. i.e., one year on a first conviction, three years on a second conviction and for the rest of your life on a third conviction if your suspension is for 10 years. A person’s MT record only rehabilitates after 10 years without a conviction. Strangely, the MT consequences are often more serious than the criminal Court’s consequences. Myth: The only cost I face is the fine imposed. Fact: The fine imposed is only one cost you face. The loss of your licence, the embarrassment of having the Interlock device installed, the cost of the Interlock device (around $1500/year), the increased insurance rates, having to take the “Back on Track” program and the cost of the program and having a criminal record which can interfere with employment and/or travel, are only some of the costs you face. Some studies have indicated that if you are convicted, the direct financial costs are typically between $20,000 and $30,000. ■

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21 www.rnca.ca Royal Newfoundland Constabulary Association Crashes involving alcohol and/or drugs are the leading criminal cause of death in Canada. On average, approximately 4 people are killed each day in crashes involving alcohol and/or drugs. In 2012, there were 2,546 crash deaths. Of those, 1,497 deaths, or 58.8%, involved drivers who had some alcohol and/or drug presence in their systems. • 476 deaths, or 18.7%, occurred in crashes involving drivers with a positive alcohol reading. • 614 deaths, or 24.1%, occurred in crashes involving drivers with a positive drug reading. Cannabis was the drug most frequently found. • 407 deaths, or 16%, occurred in crashes involving drivers with positive readings for both alcohol and drugs. Please note that these statistics document the presence of alcohol and/or drugs and do not reflect impairment levels. The statistics reflect the growing rate of drug presence in drivers involved in fatal crashes. In fact, drugs are now present more often than alcohol in drivers involved in fatal crashes. ■ madd.ca Alcohol & Drug Presence in Fatal Motor Vehicle Crashes F A C T 1 in every 8 deaths and injuries in road crashes is a teenager. Impaired Boating Is Impaired Driving Alcohol is a factor in about 40% of the estimated 150 recreational boating fatalities that occur in Canada each year. Alcohol diminishes judgment, reduces motor skills and balance, slows reaction times, reduces depth perception, and accelerates hypothermia. Trying to operate a boat while impaired endangers the operator, passengers and other boaters on the water. Despite the risks, 37% of boaters admit to consuming alcohol every time they boat, and 66% say they drink alcohol sometimes when boating. Generally, boaters who are impaired are more likely to go too fast for the waterway, operate vessels in a dangerous or careless manner, forget to turn on running lights or other required night-time equipment, or openly consume alcohol while underway. Anyone who sees a boater they think is impaired can call 911 or their local police marine unit. Try to have the boat licence number, name and description of the boat, the direction of travel and any location information or specific landmarks. ■ madd.ca

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23 www.rnca.ca Royal Newfoundland Constabulary Association While a great deal of work remains to be done at the federal level to reduce impaired driving, MADD Canada believes the provinces and territories should not wait for federal Criminal Code amendments when they have the legislative power to make significant road safety improvements in their own jurisdictions. Canada’s impaired driving record is poor by international standards 2015 Provincial and Territorial Legislative Review The 2015 Provincial and Territorial Legislative Reviewis the sixth comprehensive assessment that MADD Canada has undertaken and published since 2000. (Previous versions were called Rating the Provinces.) Its goal is to provide the provinces and territories with information on realistic and effective measures that will reduce impaired driving in their jurisdictions. MADD Canada supports the following impaired driving countermeasures as provincial/territorial best practices to reduce impaired driving • A comprehensive three-year graduated licensing program for all new drivers, which includes: express police enforcement powers; passenger, nighttime and highway restrictions; a ban on using any electronic devices; and mandatory roadside administrative licence suspensions (ALSs) for breaching the program conditions. • A .00% BAC limit for all drivers under 21 or with less than five years driving experience, with express police enforcement powers and mandatory roadside ALSs for breaching the program. • A prohibition on being positive for any illicit psychoactive drug for all drivers under 21 or with less than five years driving experience. The legislation should include express statutory police enforcement powers and mandatory roadside ALSs for breaching the prohibition. • A seven-day .05% ALS and vehicle impoundment program, which includes a $150-$300 licence reinstatement fee and the recording the suspensions on the driver’s record. Drivers with repeat infringements within five years should be subject to remedial programs and escalating suspensions and vehicle impoundment sanctions • A parallel ALS and vehicle impoundment program for: drivers whose ability to drive, based on a standard field sobriety test or drug recognition evaluation, is reasonably believed to be impaired by drugs or a combination of drugs and alcohol; and drivers who refuse any lawfully demanded test. • A mandatory alcohol interlock program for all federal impaired driving offenders, which includes: reduced provincial licence suspensions to encourage participation; and escalating ALS and vehicle impoundment sanctions for repeat violations. These drivers should also be subject to lengthy extensions of their interlock orders. • Administrative vehicle impoundments for uninsured, unlicensed, suspended, prohibited, and disqualified drivers. Mandatory administrative vehicle forfeiture for drivers with three or more federal impaired driving or other Criminal Code traffic convictions within 10 years. • Mandatory remedial programs for all federal impaired driving offenders, and for drivers with repeat, short-term or 90-day impairment-related ALS within five years continued ...

24 www.rnca.ca Marysvale, NL A0A 2Z0 (709) 528-1400 Thank You to those who protect our communities 96 West Street, Suite 202 Corner Brook, NL A2H 2Z3 TF: 1-800-563-6681 lifetouch.ca Tucker Acura 915 Topsail Road (709) 364-2423 www.tuckeracura.com 1-888-349-6999 318 Freshwater Road 709-754-6981 888-256-4399 quickcash.ca 100 Main Street, Heart’s Content, NL A0B 1Z0 (709) 583-2939 Like us on Facebook Legge’s Garage Auto Body Shop

25 www.rnca.ca Royal Newfoundland Constabulary Association Most provinces have legislation that addresses, to some extent, the assessment criteria of the report but key elements of comprehensive and effective programs are often missing, and much of the legislation needs to be strengthened. There are broad variations in the current provincial legislation. The Report assesses provincial and territorial impaired driving legislation in terms of domestic and international best practices. Most jurisdictions have programs that address, in some fashion, almost all of the 2012 legislative priorities. However, much of the current legislation needs to be expanded and strengthened. Similarly, there are broad discrepancies in the progress made across the legislative priorities. Considerable strides have been made with respect to graduated licensing, .00% BAC limits for young drivers, the short term ALS programs, and the alcohol interlock and remedial initiatives. However, less progress has been made on police enforcement powers, and virtually nothing has been done in terms of administrative vehicle forfeiture. MADD Canada is also concerned about the often long delays between the passing of legislation and its coming into force. The following outlines MADD Canada’s key provincial and territorial public policy initiatives: Administrative licence suspensions at .05% BAC Administrative licence suspension (ALS) programs were initiated in the late 70s and early 80s to address the problem of impaired drivers who, while under the Criminal Codelimit of .08% BAC, still represent a significant danger to others on the road. As research has consistently shown, key driving-related skills are impaired at .05% and the relative risk of a crash death rises sharply at that level. By taking risky drivers off the roads, ALS programs reduce the rate of impaired driving crashes, deaths and injuries. The programs also carry a significant deterrent value, provided they have the appropriate components. A shortcoming of the early ALS programs, and one which still exists in some provinces and jurisdictions today, is the short duration of the suspensions. Drivers often have their licences back in 24 hours or less, and that offers little incentive for them to change their behaviours. MADD Canada first advocated for comprehensive ALS programs at .05% BAC level in its 2003 Rating the Provinces and Territories Report. Working with the Canadian Council of Motor Transport Administrators (CCMTA), we developed a model .05% Administrative Licence Suspension Program based on existing best practices in Canada. The model we recommend includes: • 7 – 14 day licence suspension for first offences, with 30, 45 and 60 day suspensions for second, third and subsequent infractions within a three year period. • Vehicle impoundments. • Mandatory licence reinstatement fee of $150 – $300. • The recording of the suspension on the drivers’ record. • Mandatory remedial measures (alcohol assessment, education, rehabilitation) for repeat offenders. All provinces and territories, except Quebec, have some form of ALS program. Few achieve the best practice model but there have been advances in the last few years, with Ontario, British Columbia, Prince Edward Island, Newfoundland and Labrador and Nova Scotia all increasing their suspension periods. .05% Sanctions and the Social Drinker • Critics of administrative licence suspension program argue that it penalizes the social drinker and suggest that people can no longer have a beer after work or a glass of wine with dinner because that will put them over the .05% level. The truth is a .05% BAC limit does not interfere with what most Canadians would consider to be social drinking. Based on estimates of BACs in relation to time, weight and standard Canadian drinks, a 185 lb. man can have three drinks over a two hour period and not go over the .05% BAC limit. Likewise, a 130 lb. woman can have two standard drinks over a two-hour period and not go over .05%. • The safest way, always, is to separate drinking from driving entirely. If you’re going to be drinking, plan ahead; call a cab, take public transportation or arrange for a designated driver. Driving impaired simply is not worth the risk. continued ...

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27 www.rnca.ca Royal Newfoundland Constabulary Association .00% BAC Requirements for Young and Novice Drivers The statistics for alcohol-related crashes among young drivers are particularly alarming. Motor vehicle crashes are the leading cause of death among 15 to 25 year olds, and alcohol is a factor in 45% of those crashes. Laws requiring young people to maintain a zero BAC level while driving have been shown to reduce impaired driving among young drivers. The .00% BAC requirement begins as part of the provincial/territorial graduated licensing programs, which include a number of restrictions for new drivers as they are developing their driving skills. The major limitation with most provincial/territorial .00% BAC requirements, however, is that they are typically lifted when the driver completes the program, which usually happens at 18 or 19 years of age. This corresponds to the legal drinking age in most provinces and is a time when alcohol and binge drinking increase. It is also the age at which teenagers are the most vulnerable to alcohol-related crashes. MADD Canada recommends a .00% BAC restriction to all drivers under 21, even if the driver has successfully completed the graduated licensing program. The research and statistics clearly support this measure as an effective way to reduce alcoholrelated crashes and fatalities among young people. Graduated Licencing Programs A comprehensive Graduated Licensing Program (GLP) is vital to any policy aimed at reducing crash risks among youth. In the 1990s, jurisdictions across Canada began introducing GLPs for new drivers. Today, every province and territory except Nunavut has GLPs. These programs typically involve a combination of mandatory supervised driving and restrictions on the passengers, night-time driving, high-speed roads and alcohol consumptions. They are designed to allow new drivers to gain on-the-road experience in low-risk circumstances. Research has consistently shown that GLPs are associated with significant reductions in crash deaths and injuries among affected drivers. MADD Canada recommends a comprehensive graduated licensing program lasting at least three years for all new drivers, and express police powers to enforce it. The program should include two stages: • Stage 1: Driver must be supervised at all times by a licensed adult and subject to stringent conditions. This stage should be a minimum of 12 months. • Stage 2: Driver can drive unsupervised in some situations but must be supervised in more challenging situations. This stage should last a minimum of 24 months. MADD Canada also recommends the minimum driving age should be 16. Alcohol Ignition Interlocks Alcohol ignition interlocks are an effective tool in the fight to stop impaired driving, yet they are not used broadly or consistently across the country. Using the same technology as the roadside breathalyzers administered by police, an ignition interlock prevents a car from starting or remaining operational if the driver’s breath indicates his or her blood alcohol concentration (BAC) is over a pre-set limit. In conjunction with rehabilitation and educational programs, interlock programs help modify the behaviour of drinking drivers. The technology gives offenders who have lost their licences a chance to regain conditional driving privileges while at the same time ensuring they cannot operate a vehicle if they are impaired. The recidivism rate of interlock program participants is up to 90% lower than that of nonparticipants. Once the interlock is removed, the rates are comparable between program participants and non-participants. This highlights the needs to incorporate rehabilitation programs for interlock participants to deal with the problems that led to the offence. Despite the evidence of their effectiveness, interlock usage is limited across the country. With approximately 34,000 impaired driving convictions annually (for the year 2007/2008), only about 13,000 interlocks were used in 2008. Significantly more could be done to encourage and/or mandate participation by eligible offenders. All provinces and territories, except the Yukon, have some form of ignition interlock program for convicted impaired drivers. However, these programs are often voluntary. The participation rate in voluntary programs is just 10% of those convicted. MADD Canada recommends mandatory interlocks for all convicted impaired driving offenders, including reduced provincial suspensions to encourage participation. While some may be surprised by MADD Canada’s support of a program which results in convicted offenders getting their licences back earlier, it is our position that offering early licence continued ...

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29 www.rnca.ca Royal Newfoundland Constabulary Association reinstatement, along with rehabilitation and remedial programs, to first-time offenders who meet the eligibility requirements is an important way to change their behavioiur and prevent them from becoming repeat offenders. These programs, when comprehensive and properly implemented, help the driver change their behaviour and stop their drinking and driving permanently. Vehicle Impoundment and Forfeiture Programs Many suspended and prohibited drivers continue to drive, at least occasionally, during the period of their licence suspension or revocation and they are more likely to be involved in crashes than licensed drivers. Research shows that licence suspensions alone are not sufficient to keep certain offenders off the roads and therefore, additional vehicle-based sanctions are warranted to discourage and at least temporarily prevent some unlicensed, disqualified and prohibited offenders from driving and, particularly, from driving while impaired. Vehicle Impoundment Vehicle impoundments have shown positive results in reducing recidivism and subsequent crashes among affected drivers. MADD Canada recommends the impoundment or immobilization of any vehicle police have reasonable grounds to believe is uninsured or is being driven by an unlicensed, suspended or disqualified or prohibited driver. These drivers have shown they are unwilling to respect provincial licensing laws, and pose a very serious risk to public safety. The impoundment period should be 45 days for a first occurrence and 90 days for a second occurrence within three years. In addition to the longer-term impoundment program for those caught driving without a valid licence, MADD Canada recommends a short-term (7day) impoundment where there are reasonable grounds to believe that the driver has committed an impaired driving offence. These short-term administrative impoundments are intended to supplement the roadside and administrative licence suspension provisions and serve to immediately remove impaired drivers and their vehicles from the road, and reduce the risk that these individuals will drive during the administrative suspension period. Vehicle Forfeiture MADD Canada recommends provinces/territories implement a vehicle forfeiture program for drivers who are responsible for three or more vehicle impoundments within a ten year period. These individuals show a repeated willingness to endanger the public and violate vehicle licensing laws. Additionally, they often have limited or no third-party liability insurance, which puts the public at risk of serious financial loss in the event of a crash. Vehicle forfeiture programs have not been widely implemented in Canada and research into their effectiveness is limited. Nevertheless, existing research suggests that vehicle forfeiture programs are associated with reductions in alcohol-related crashes, fatalities and arrests. Drugs and Driving Drug-impaired driving is an increasingly serious problem in Canada. The presence of drugs other than alcohol in fatally-injured drivers increased by 24% from 2000 to 2008 (the most common drugs are cannabis, cocaine, amphetamines, and depressants.) Drug impaired driving is also a serious concern among young people, with several regional and national surveys indicating more young Canadians report driving after using cannabis than after consuming alcohol. Drug-impaired drivers are currently detected through special enforcement techniques used by police, including the standardized field sobriety test (SFTS) and drug recognition evaluation (DRE). MADD Canada recommends that provinces and territories establish administrative programs for drug-impaired drivers which would mirror existing programs for alcohol-impaired drivers: • A prohibition on the presence of illicit psychoactive drugs for all drivers under 21 or with less than five years driving experience. This approach would mirror the .00% BAC requirement on all young and new drivers. The proposed legislation should include express police enforcement powers and mandatory licence suspensions for violating the condition. • Similar to the administrative licence suspension program for drivers with BACs of .05% and higher, a parallel program should be in place for: drivers whose ability to drive, based on an SFST or DRE, is reasonably believed to be impaired by drugs or a combination of drugs and alcohol; and for drivers who refuse to submit to an SFSST, DRE or other lawfully demanded test. ■ madd.ca

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31 www.rnca.ca Royal Newfoundland Constabulary Association The statistics for motor vehicle crashes and impairment-related crashes among young drivers are alarming. • Young people have the highest rates of traffic death and injury per capita among all age groups and the highest death rate per kilometre driven among all drivers under 75 years of age. More 19-year-olds die or are seriously injured than any other age group. • Motor vehicle crashes are the leading cause of death among 16 to 25 year olds, and alcohol and/or drug impairment is a factor in 55% of those crashes. • 16-25 year olds constituted 13.6% of the population in 2010, but made up almost 33.4 % of the alcohol-related traffic deaths. Studies conclude that young drivers are overrepresented in road crashes for two primary reasons: inexperience and immaturity. Although young people are the least likely to drive impaired, the ones who do are at very high risk of collision. Driving while impaired by drugs is also a serious concern. Canadians between 14-25 years old have one of the highest rates cannabis use in the world. It’s the drug they use most after alcohol. Most young people see cannabis as a benign drug, far less dangerous than alcohol. They think driving under the influence of cannabis is risk free, despite the evidence that shows cannabis can shorten attention span, alter perception of time and distance and slow reaction times – all of which impair the driver’s ability to respond to sudden events in traffic. Youth and Impaired Driving Characteristics of the Drinking and Driving Problem Among Youth Older Teens: Of all the young drinking drivers who are killed or seriously injured, the smallest proportion is 16 years of age. The largest proportion is 19 years of age. Males: Account for 87% of the young fatally injured drinking drivers and 89% of the seriously injured drinking drivers. Summertime: Young drinking drivers are most likely to be killed or injured in the summer (32.4% and 40.8% respectively) and least likely to be killed or injured in the winter (8% and 11.4% respectively). Weekend: A large percentage of young drinking drivers die or are seriously injured on the weekend. Night time: The vast majority of young drinking drivers die or are seriously injured in crashes at night. Automobiles: Most young drinking drivers are killed or seriously injured when driving an automobile. Single-vehicle: Young drinking drivers are most likely to be involved in single-vehicle crashes. At fault: In nearly two-thirds of the alcohol-related multiple vehicle crashes, it was the fatally injured teen driver who had been drinking and not the other drivers. Crashes: By the time a driver reaches a blood alcohol content of .10%, he or she is 51 times more likely than a non-drinking driver to be involved in a fatal crash. continued ...

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33 www.rnca.ca Royal Newfoundland Constabulary Association Drug-Impaired Driving Population surveys show the number of Canadians driving after using drugs is on the rise. In fact, driving after smoking cannabis is now more prevalent among some younger drivers than driving after drinking. Survey data from a 2013 Centre for Addiction and Mental Health report showed that, among young Ontario drivers in grades 10 – 12, 4% per cent drove after drinking while 9.7% drove after smoking cannabis. Equally concerning as the numbers is the misperception that many young people, and some parents, have that driving under the influence of cannabis is safer than driving under the influence of alcohol. A national study by the Partnership for a Drug-Free Canada revealed: • Nearly one third (32%) of teens did not consider driving under the influence of cannabis to be as bad as alcohol. • Nearly 25% of parents of teenagers did not consider driving while high on cannabis to be as bad as drinking and driving. Many young people think driving under the influence of cannabis is risk-free. Yet studies have shown that smoking cannabis can produce unwelcome effects behind the wheel, including a shorter attention span, an altered perception of time and distances, and slower reaction times that impair the driver’s ability to respond to sudden events in traffic. A 2012 study by researchers at Dalhousie University in Halifax found that smoking cannabis three hours before driving nearly doubled a driver’s risk of having a motor vehicle crash. Combining cannabis with even small amounts of alcohol greatly increases the negative impact on driving skills. Many young people also think that they will never be caught or charged for driving high. While detecting cannabis is more challenging than detecting alcohol because we do not yet have a simple roadside drug test similar to the alcohol breathalyzer, police do have tools to determine whether a driver is impaired by drugs. The standard field sobriety test and the drug recognition evaluation allow police to determine if a driver is under the influence of drugs based on their behaviour and task-related tests. Furthermore, driving while high results in the same type of Criminal Code charges and penalties as driving while drunk. ■ madd.ca

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