Alcohol Policy Update

A Bi-Monthly Newsletter of the Alcohol Policy Network
Feel free to copy & distribute
Vol. 15, Nov./Dec. 1998

"Ontario is the last place a person driving while under a Criminal Code Suspension wants to get caught. These tough measures are aimed at some of the worst offenders on our roads, especially repeat offenders who continue to put other road users at risk."
— Tony Clement, Minister of Transportation, November 29, 1998 Press Release

Province Draws the Line on Drinking and Driving

Last year, over 300 Ontarians died in alcohol-related crashes; many of them at the hands of repeat offenders. Next year, the Ontario government is betting on tough new road safety legislation to reduce these statistics.

On November 30, the Ministry of Transportation released the final details of tough new measures to crack down on drinking and driving in the province. Repeat offenders caught driving while under suspension for a Criminal Code offence such as leaving the scene of an accident or impaired driving may now face fines ranging from $5,000-$25,000 for a first offence, and $10,000-$50,000 for a subsequent offence, a tenfold increase over last year. They may also have the car they are driving—whether they own it or not—impounded for a minimum of 45 days.

Vehicle owners will be responsible for paying all towing and storage costs although they have grounds for appeal if the vehicle was stolen at the time of impoundment, the driver did not have a Criminal Code suspension, the loss of the vehicle would result in exceptional hardship or the vehicle owner did everything reasonably within his/her power to ensure that the driver had a valid licence. To ensure that all car owners are aware of the risks—and potential costs—of lending or renting a vehicle to drinking drivers without valid licences, a warning and education period will be in effect until February 2, 1999.

In addition to vehicle impoundment, the province also introduced longer licence suspensions for repeat offenders. Effective September 30, drinking drivers caught a second time will lose their licence for three years, up from two. Those caught a third time may lose their licence for life, reducible to 10 years if they successfully complete a remedial measures program and agree to install, at their own expense, an ignition interlock device that will keep the vehicle from starting if a level of alcohol is detected. Those caught a fourth time will lose their licence forever with no chance of reinstatement. Drinking and driving infractions will now also stay on a driver's record for a minimum of ten years, up from five before September 30.

On September 30 Ontario also became the ninth province to introduce a remedial measures program to cut down on recidivism. Between now and the year 2000, drinking drivers caught for the first time will have to complete an education program. Repeat offenders will be assessed and streamed into either the education or treatment components of the program.

After the initial two year period, all offenders including those caught the first time, will have to undergo an assessment. The $475 cost of the program, called Back on Track, will be borne by the drinking driver. Overall management of the program will rest with the Centre for Addiction and Mental Health, while delivery of selected components will likely be subcontracted to local treatment agencies.

Meanwhile the Justice and Human Rights Committee is about to conduct a comprehensive review of federal impaired driving legislation following a unanimous House of Commons motion to that effect a year ago, and extensive consultations of the role of victims in the justice system over the past six months.

Among of the most vocal groups during the consultations was MADD Canada. It is seeking: 1) mandatory testing for drivers involved in a crash resulting in injury; 2) equipping police with mobile digital breath testing and passive alcohol sensors; 3) increasing the two-hour limit for breathalysers to three hours; 4) stricter enforcement of the .08 legal driving limit, with higher penalties for higher BAC levels; and, 5) mandatory installation of ignition interlocks as a term of probation of convicted drinking drivers.

These recommendations will likely be echoed by other anti-drinking and driving groups in February when the Justice Committee begins public hearings on the DUI sections of the Criminal Code. Among the questions to be considered:

For background on the Justice Committee's review, call 613-947-1679. For details on MADD's recommendations visit its web site at http://www.madd.ca or call 1-800-665-6233. For information on the new remedial measures program call 1-888-814-5831 or visit the program's web site at http://www.remedial.net. For questions related to Ontario's new drinking and driving regulations call 416-235-4102 or visit the MTO web site at http://www.mto.gov.on.ca. For a copy of APN's Drinking and Driving Action Pack detailing recent changes to Ontario's driving laws, call Ana Almeida, 416-367-3313 ext. 23. $10 while quantities last. Details of the new legislation are also included in the new Break the Law, Pay the Price pamphlet available free of charge from MTO's distribution centre, 416-235-3473.

DUI Penalties At a Glance

What happens to drunk drivers under Ontario's Highway Traffic Act: three years ago and today

When charge of "over .08" or "failure to provide a breath sample" is laid:

• 3 years ago: Nothing.
• Today: 90-day driver's licence suspension.

Upon conviction of a 1st drinking and driving offence:

• 3 years ago: One year licence suspension. No requirements for re-licensing.
• Today: one year licence suspension. Re-licensing upon successful completion of remedial measures requirements.

Upon conviction of a 2nd drinking and driving offence:

• 3 years ago: Two year licence suspension. No requirements for re-licensing.
• Today: Three year licence suspension. Re-licensing upon successful completion of remedial measures requirements.

Upon conviction of a 3rd drinking and driving offence:

• 3 years ago: Three year licence suspension. No requirements for re-licensing.
• Today: Lifetime suspension, possibly reducible to ten years. Licence may be returned upon successful completion of remedial measures requirements, installation of ignition interlock device at driver's expense, submission of satisfactory medical report and no driving- related Criminal Code or Drive While Suspended convictions during the suspension period.

Upon conviction of a 4th or subsequent drinking and driving offence:

• 3 years ago: Three year licence suspension. No requirements for re-licensing.
• Today: Lifetime suspension. Will not get licence back.

Upon conviction for driving while under a Criminal Code suspension*

• 3 years ago: Fines ranging from $500-$5,000. No vehicle impoundment.
• Today: Fines ranging from $5,000-$25,000 for first conviction; $10,000-$50,00 for subsequent conviction. Vehicle impounded for minimum of 45 days. Owner responsible for towing and storage costs. Limited grounds for appeal.

*Vehicle impoundment applies only to those convicted of driving while under suspension for a Criminal Code offence such as drinking and driving, dangerous driving and leaving the scene of a collision. Education and warning period in effect until Feb 2, 1999. Source: MTO.

Alcohol Policy Round Up

U-brew Bill Awaiting Royal Assent

After much debate, Bill 57, An Act to amend the Liquor Licence Act in respect of brew on premise facilities passed third reading on November 2 and is currently awaiting Royal Assent. The bill, first introduced in the provincial legislature on June 25 by Consumer and Commercial Relations Minister David Tsubouchi, sets out a framework for regulating some 450 u-brew/u-vint premises across Ontario (people who make beer and wine in their own home are not covered). The bill enables the Alcohol and Gaming Commission of Ontario (AGCO) to suspend, revoke, attach conditions to or refuse to grant or transfer a brew-on-premise licence if the applicant fails to comply with various rules and regulations in the Liquor Licence Act, key among them refusing to provide service to persons who are or appear to be under 19 years of age. In addition to having to be licensed, brew-on-premise operators must comply with yet-to-be determined advertising guidelines. The bill was supported by the Brew-on-Premise Association of Ontario (BOPAO), a group representing the majority of operators in an industry estimated by the Ministry of Finance to generate some $20 million annually in profits and sales. Opposition members, while supportive overall, raised a number of concerns during debates held October 29 and November 2. In particular, they questioned the ability of the AGCO to enforce the new regulations with only 40 liquor inspectors already charged with overseeing 16,000 licensed premises, 78,000 special occasion permit events and VLT and other gaming operations across the province. According to industry sources, enforcement is an issue currently under discussion and will likely be addressed in the regulations to be released some time in the new year. For more info call the AGCO at 416-326-0330 or BOPAO at 519-753-2962.

Brewpubs On A Mission

A group of brewpub owners and small brewery equipment manufacturers launched a postcard campaign on December 3 to pressure MCCR Minister David Tsubouchi to relax licensing restrictions on the $1.5 million industry. According to a press release, the group is seeking regulatory changes that would enable brew pubs—licensed restaurants with a special licence to brew and sell beer on-site—to: 1) retail their beer for customers to take away; 2) bring beer to another location owned by the same brew pub; 3) promote their products at trade shows or beer festivals; and 4) brew beer with an alcohol content over 6.5%. Postcards outlining these demands are being distributed through some 20 brewpubs across the province. Those signed by customers will be forwarded to the Minister's office. No word on what the Minister will do, although sources indicate he is looking favourably on the last three recommendations. For details on the brew pub campaign, call Ron Keefe, Granite Brewery, 416-322-0723. For info on related policy issues call Catherine Finlay, MCCR Policy & Agency Relations, 416-326-8876.

Public Interest Redefined

As reported here previously, Bill 25, the Red Tape Reduction Act, 1998 was referred to the Standing Committee on the Administration of Justice for hearings this fall. Among other things, the bill restricts the public interest provisions of the Liquor Licence Act by giving the AGCO greater leeway on how to deal with public concerns related to liquor licence applications. Specifically, Section 169(4) allows the AGCO to approve a liquor licence application if it considers the objections "frivolous or vexatious." These were defined by a Cabinet Minister as "objections from people who oppose liquor in general, those who are not area residents and other businesses." In its submission to the Justice Committee, OPHA recommended that section 169(4) be deleted as it felt there was enough flexibility in the current legislation to deal with any questionable objections without imposing further limits on public input. It also recommended that a clause limiting the length of time for processing a public interest objection be added since administrative delay is a matter of legitimate concern for business owners and local residents. Bill 25 passed third reading on November 30 with section 169(4) intact. It will come into force once the regulations governing implementation are approved. For more info call the AGCO at 416-326-0386.

Of Footballs and Waterparks...

On November 15, Molson launched Toronto's Own Beer. A portion of the proceeds from each 12-pack—a minimum of $150,000 on the sale of the first 150,000 cases—will go towards the construction of children's water parks in T-O. It is unclear how Molson's contribution will be acknowledged, although Toronto City Council will be debating the issue in early February. Meanwhile, the Alcohol and Gaming Commission has taken Labatt to court over a fall promotion featuring a free toy NFL football with the purchase of a case of Budweiser. The promo was apparently rejected because it violates a section of AGCO's Alcohol Advertising Guidelines related to minors. There is some dispute over whether this was clearly communicated to the ad agency. The case went to court December 3 but was adjourned until February 1999. If convicted, Labatt could face a fine of up to $250,000. For details call AGCO, 416-326-0400 or Labatt Breweries, 416-240-3131. For more on the debate over Toronto's Own Beer contact the City Clerk's office, 416-392-8017, or Molson Breweries, 416-512-3866.

News & Views

Upcoming Events

Next year's CYAID—Canadian Youth Against Impaired Driving—Conference will be held March 18-21, 1999 in Ottawa. The event, sponsored in part by the Brewers Association of Canada, will bring together high school and post-secondary students to discuss impaired driving issues under the theme "Stand Up! Speak Out! Be Heard!" The deadline for presentation abstracts is December 18. For more information call the CYAID hotline 416-243-5283 or email cyaid@aol.com.

On March 8-26, 1999, the Traffic Safety Information Village will host the 1st Internet Conference on Young and Novice Driver Issues. To submit an abstract or for more info email Leo Tasca, chair of the organizing committee, noviceforum@Drivers.com.

The 25th Annual Alcohol Epidemiology Symposium for Social and Epidemiological Research on Alcohol organized by the Kettil Bruun Society will take place in Montreal, May 31-June 4, 1999. For more info contact esa.osterberg@stakes.fi.

The 38th International Congress on Alcohol, Drugs and Other Dependencies will take place in Vienna, Austria, August 15-20, 1999. Deadline for abstracts is March 31. For more info, contact the International Council on Alcohol and Addictions (ICAA), icaa@pingnet.ch.

Useful Resources

On November 23, a coalition of groups released the groundbreaking study, The Economic Burden of Unintentional Injury In Canada. To download a copy visit the SMARTRISK Foundation web site at http://www.smartrisk.ca/burden.html.

The Canadian Centre on Substance Abuse has revised its popular Directory of FAS/FAE Information and Services in Canada. Free. Available on-line at http://www.ccsa.ca/fasdir.htm or on hard copy, 1-800-559-4514.

The most recent report on Canada's Drug Strategy is now posted on the Health Canada web site. To download the 29 page pdf file go to: http://www.hc-sc.gc.ca/hppb/alcohol-otherdrugs/ publications.htm.

Selected papers presented at the 42nd ICAA International Institutes on Dependencies are available from Educ'Alcool, 514-875-7007, email: hsacy@educalcool.qc.ca. 228 pp. $18US.

Funding

The Ontario Neurotrauma Foundation is seeking funding submissions related to brain and spinal cord injury rehabilitation, research and prevention. Up to $5 million in project and research grants will be awarded to non-profit groups across Ontario over the coming year. Deadline for submissions is January 15, 1999. To request a grant application email onip@cpaont.org or fax 416-422-5943. Or visit Rick Hansen's web site at http://www.rickhansen.org.

Help...

The Alcohol Policy Network and the Ontario Injury Prevention Resource Centre are updating the Directory of Substance Abuse & Injury Prevention Contacts in Public Health a.k.a "The Red Book." Please forward your updates, including new web site or email addresses, staff or program changes and summaries of upcoming initiatives to Jennifer Hance at apolnet@opha.on.ca, Fax: 416-367-2844. The updated directory will be distributed at the Manage the Energy 3 Conference to take place February 21-23 in T-O, and via snail mail sometime in March. Thanks!