Toronto Star

Drunk driving bill’s ‘double whammy’

Changes to the penalty could unevenly affect immigrants, critics say

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

A proposed law to raise the maximum penalty for impaired driving offences in Canada could have a “disproport­ionate” impact on first-time immigrant offenders who would see their permanent residence status revoked and be deported, critics say.

But advocating equal rights for impaired drivers is a delicate issue, one that some senators and immigrant lawyers are trying to tackle as the Red Chamber sits this week to seek amendments to Bill C-46, the Impaired Driving Act, before sending it back to the House of Commons for a vote.

Currently, someone convicted of impaired driving could receive a maximum penalty of not more than five years in jail, but the offence would still be considered “ordinary criminalit­y” under immigratio­n law. An immigrant’s permanent residence status is not affected unless a sentence of six months or more is imposed. However, under the proposed legislatio­n, the increased maximum penalty to10 years would automatica­lly classify impaired driving as “serious criminalit­y.” As a result, even if a first-time offender who is not a Canadian citizen is convicted and is only ordered to pay a fine, they would still lose their immigratio­n status and be banned from Canada. This would affect foreign students, workers, visitors and permanent residents.

“We take impaired driving very seriously and we don’t want impaired drivers behind the wheel,” Sen. Ratna Omidvar said in an interview. She noted that if a Canadian citizen is convicted of impaired driving for the first time, they could be sentenced to as little as a fine and walk free afterward.

“A permanent resident in the same situation would pay the fine and face deportatio­n,” Omidvar added. “It is a double whammy not on all people but just on a class of people. That’s an unintended consequenc­e. The impact on permanent residents would be huge and disproport­ionate to what a Canadian would get.”

In its submission to the Senate, the Canadian Bar Associatio­n also urged “careful considerat­ion” of the bill, warning that the changes could put “a significan­t strain” on the immigratio­n system and border officials in handling increases in inadmissib­ility and deportatio­ns.

The bar associatio­n wants the Senate to make the maximum jail penalty for impaired driving offences “10 years less a day” so they would still be classified as “ordinary criminalit­y” and not trigger the automatic loss of a person’s permanent residency. At the very least, it says, there should be an exception to the 10-year penalty threshold for such offences that do not involve serious bodily injury or death.

“We remain concerned that Bill C-46 will introduce uncertaint­y into the law and result in significan­tly increased litigation and delays,” said the bar associatio­n. “Our recommenda­tions are intended to continue to protect Canadians from impaired driving, without triggering the serious criminalit­y consequenc­es.”

It’s not known how many immigrants would be affected by the proposed legislatio­n, but immigratio­n lawyer Robin Seligman said impaired driving is among the most common criminal offences and immigrants are not any more or less likely to commit the crime.

Statistics Canada said police reported a total of 72,039 impaired driving incidents in 2015 and given almost 300,000 newcomers and hundreds of thou- sands of visitors are coming to the country every year, the impact of the increased maximum penalty could be huge, Seligman said.

“Under the immigratio­n law, serious criminalit­y refers to terrorism, (threats to) national security and membership to organized crime. Lumping firsttime impaired driving offenders with them is disproport­ionate and unfair. It’s an overkill and oversight,” Seligman said.

While repeat offenders of impaired driving deserve to be deported, immigratio­n lawyer Lorne Waldman said first-timers should be allowed an opportunit­y for rehabilita­tion, especially where there’s no one hurt in the incident.

“There are definitely a lot of concerns over this bill, but it is always difficult for MPs to advocate for those convicted of any criminal offence,” said Waldman, who fears Ottawa would rush to pass the bill without amendments to fulfil its promise to legalize marijuana this summer.

 ??  ?? Immigratio­n lawyer Robin Seligman says treating first-time impaired driving offenders like serious criminals is “overkill.”
Immigratio­n lawyer Robin Seligman says treating first-time impaired driving offenders like serious criminals is “overkill.”

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