Proposed Changes to the Law

1. Careless driving law needs to be changed or a new law implemented “careless driving causing death” Often people are charged with careless driving because dangerous driving is hard to prove, or sometimes people plead to a lower charge of careless driving even though they were initially charged with dangerous. Often people are not given jail time or receive a much lower sentence than the possible 6 months, and receive a small suspension and fine. This is an insult to families where their loved one was killed. Driving in a careless manner, killing a loved one is no different to us families than someone driving impaired and killing someone. If they were driving properly the accident would not of happened. The sentence, fines and suspensions have to be much heavier to finally get the point across. I know sometimes it is a complete accident but often the person responsible knew they were driving in a dangerous manner which is why I recommend something similar to the U.K. The U.K. have implemented a new charge “careless driving causing death” Theirs is broken down into 3 sections each with varying levels of seriousness.

1. Careless or inconsiderate driving falling not far short of dangerous driving
   36 weeks – 3 years
   
   
   
2. Other cases of careless or inconsiderate driving (middle band, serious cases)
   Community order – 2 year sentence
   
   
3. Careless or inconsiderate driving arising from momentary inattention with no aggravating factors
   Community order low – community order high

Our proposed change for Canada would also involve a new law implemented called “careless driving causing death”. It is broken down into 3 sections as well:

1. Careless driving causing death when there was definite speeding involved or running red lights or weaving back and forth between lanes or cutting cars off, i.e. very close to the current charge of dangerous driving
   1 year minimum – 3 year prison sentence and 3 year driving suspension and $10,000 fine
2. Careless driving causing death where evidence supports there was speeding involved or running red lights and/or not adhering to basic rules of road, i.e. not checking blindspot, following too closely
   6 month minimum – 2 year prison sentence and 4 year driving suspension and $5000 fine
3. Careless driving causing death where the person was following the basic rules of the road, but unfortunately had momentary inattention, i.e. looked away for a quick moment.
   0 - 6 month prison sentence and 5 year driving suspension and $5000 fine

In all cases extensive community service would be required and a new driving test when their license is given back.

2. Mandatory drug tests when there has been a fatality. Currently it is at the officer’s discretion on whether drug tests are performed and they have to have reasonable grounds, even if the person has been arrested before for impaired driving. This is terribly one sided as the person killed has an autopsy performed to ensure they did not have a heart attack or were not under any influence but the person charged with the accident can not have a drug test demanded unless there is reasonable grounds??. It should be mandatory, as the person has just killed another human being. If it is the police officers call on whether to perform a test, errors can be made, i.e. the officer might feel the person responsible for the accident is incoherent or stumbling their feet and words because they have just been in a tragic accident, when really it is because they are under the influence. The person responsible for the accident can receive a real break here, because as you know impaired driving causing death carries a much heavy penalty. I have learned from my research that certain drugs stay in the system for a few weeks, then it is the government responsibility to find a test that provides more accurate information. Also, I have read the government has delayed drug testing due to resources. This is terrible, as it is taking away a valuable resource from police and is making our roads unsafe. If police can not test people for drugs then potential impaired drivers will continue driving.