The December 1996 resolution is:

Resolved that Ontario's new 90 day pre-trial licence suspensions are unconstitutional because they violate the Canadian Charter of Rights and Freedoms.

Consider which sections of the Charter relate to:

the concept of the rule of law
the rule against unreasonable search and seizure
the rule against arbitrary detention
the requirements that a person detained for any reason be informed of the reasons therefor, be permitted to retain and instruct counsel without delay, and be informed of the right to counsel and duty counsel
the right to trial within a resonable time
the right to be presumed innocent until proven guilty
the prohibition on a second punishment for the same crime

What is the purpose behind each of these Charter provisions? Are there reasonable limits to these rights (see Charter section 1)? Does it make sense to override these fundamental rights in order to get drunk drivers off the roads? What would Sir Thomas More say about this philosophical issue (see the movie or read the play "A Man for All Seasons")?

Research Tips:

1. Interview a criminal lawyer outside of Ontario? Does your province have legislation similar to this? Have there been constitutional challenges in your province?

2. Contact organizations which lobby against drunk driving. Do they have any statistics on:

The number of individuals who continue to drink and drive while awaiting trial for impaired driving.
The number of persons killed in Canada each year by drunk drivers.
The number (if any) of pre-trial licence suspensions in your province.

3. Interview several employers in your area. Ask them what impact a 3 month licence suspension whould have on them continuing to employ an employee.

4. Interview several insurance company representatives in your area. Ask them what impact a 3 month pre-trial licence suspension whould have on an individual's insurance rates.

5. Interview a provincial Judge in your jurisdiction. How long does it take impaired driving matters to actually go to trial in your area. Is it fair that a person charged with impaired driving should suffer a 90 day suspension before trial, wait more than 90 days for a trial, and then suffer a further one year suspension after trial?

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