Winter 2005

Blood Alcohol Concentration Legislation

Mothers Against Drunk Driving Canada recently released findings of a National Survey [PDF] showing overwhelming support for reducing the amount of alcohol one can drink and then legally drive. According to the recent findings, more than seven of ten Canadians believe that the drinking limits allowed by our impaired driving laws should be reduced.

These survey results follow weeks of news coverage which began when Federal Justice Minister Irwin Cotler suggested that provincial governments should look at new 0.05% Blood Alcohol Concentration (BAC) impaired driving laws. Criticized that the current provincial suspensions serve as no deterrent for drinking drivers, Ministry of Transportation officials from across the country have endorsed the need to introduce new sanctions to make provincial laws more effective. Mr. Andrew Murie, MADD Canada's Chief Executive Officer explains that "a 0.05% BAC legal limit will significantly reduce the numbers of innocent Canadians being killed on our roads." Mr. Murie adds "It is worth a thorough review".

Interestingly, support for this proposal is not shared among all impaired driving groups. The Canada Safety Council, the Canadian Council of Motor Transport Administrators, the Traffic Injury Research Foundation and the Ontario Community Council on Impaired Driving take issue with MADD's campaign, some noting that lowering the Criminal Code BAC level is "not a priority," and "lowering the BAC would mean more work for police and the courts".

However, this lack of support for lowering the BAC level may be worrisome, as it has been shown that intoxication begins with just one drink, raising blood alcohol levels to 0.03%. Mr. Murie argues that one "should never drink up to the legal limit. If you're going to drink, separate it from the driving."

A recent on-line survey showed support for lowering the BAC level as Michael from Winnipeg believes that "a driver's Blood Alcohol Level should be as low as possible" and Steve from Moncton asks "Why should I have to share the road with people who have been drinking?" Mr. Murie concludes that the equation is very simple: "If you lower BAC limits, regardless to what level, you'll save Canadian lives".

Rania Shuggi, Manager of Back on Track, Ontario's Remedial Measures Program for Impaired Drivers at the Centre for Addiction and Mental Health, will be moderating the APOLNET listserv from December 6th – December 23rd on Blood Alcohol Concentration Legislation. Feel free to join into discussions during this time.

Changes to the Liquor Licence Act

Certain organizations recently received a request to review current legislation addressing alcohol sales and service in Ontario, focusing their review on public safety, service delivery, and consumer choice. In addition, the public is encouraged to read the Liquor License Act (LLA) guide and submit comments and suggestions via email by February 15, 2006.

Suggested Liquor License Act revisions include allowing consumption in washrooms, hotel lobbies, hallways and stairways of licensed establishments; enhancing tourism by issuing greater flexibility in all-inclusive packages that include beverage alcohol; and introducing reforms to different types of licences issued including manufacturers, manufacturers' representatives, brew-on-premise facilities, special occasion permits, and liquor delivery services. Some of these recommendations were highlighted in the Beverage Alcohol System Review Panel Report released in July 2005.

These suggested changes to loosen the LLA need not be taken lightly as the current Act seems to fall short in other regards including dealing with recent complaints about a lake-side bar in Toronto and alcohol being provided to the underage via an alcohol delivery service.

Britain recently changed legislation to allow pubs, bars, shops, restaurants and clubs to apply for opening hours of their choice. Although each license must be approved by local authorities, establishments where alcohol is sold can now apply to stay open 24-hours. Supporters say the changes will end the scramble to guzzle as much booze as possible in the last minutes before closing time and cut down on alcohol-fueled violence. They hope the new law will nudge Britons toward a Continental culture of gentle tippling rather than relentless chugging.

However, police, medical, and public health groups have a different take on the new legislation which predict a rise in "booze-fuelled crime, alcohol consumption, and alcohol-related harms".

Currently, alcohol is a factor in 44 per cent of violent crimes while 70 per cent of hospital emergency-room cases at busy times are due to alcohol-related accidents in Britain. "We are nervous that there will be an increased amount of drunkenness and disorder into longer hours," concluded Assistant Commissioner Tim Godwin of London's Metropolitan Police recently.

Father-in-law to British Prime Minister Tony Booth, summarized concerns over the new legislation by stating "In this country we don't drink (like Mediterranean sophisticates). We drink in a more primitive, frightening, Anglo-Saxon way. We drink to get drunk." The British actor added that by introducing such legislation "some people will never be sober again".

Although regular review of the Liquor Licence Act is important, the outcomes from such a review need to consider similar issues in other jurisdictions and include public's health interest. In Canada, alcohol is a factor in about 6,000 deaths per year; a large number of these deaths stemming from injuries resulting from falls, drunk driving collisions, assaults, and other causes. Due to alcohol's impact on health and injury in this province, a coalition of public health groups have encouraged the provincial government [PDF] to have a voice for health "at the table" in any future consideration of alcohol rules and regulations in this province.

Larry Grand, Project Consultant at the Centre for Addiction and Mental Health will be moderating the APOLNET listserv in the month of January on Changes to the Liquor Licence Act. More information will be posted at this time. Feel free to join into discussions during this time.