P.E.I. considering automatic roadside penalties for impaired driving

P.E.I.'s attorney general says the province is considering automatic roadside penalties for people who are caught driving impaired by alcohol or drugs.

Right now, impaired drivers are charged under the Criminal Code of Canada and have their cases work through the courts — with the opportunity to get a lawyer, elect which court will hear their case, enter a plea and proceed to trial if they so wish. This can take months.

However, in the legislature on Wednesday, backbench PC MLA Robin Croucher called for harsher and more immediate penalties, handled with immediate administrative actions rather than criminal charges. 

In British Columbia, for example, police were given the power to issue 90-day suspensions for drivers who blow over 0.08 on a Breathalyzer, as well as impose penalties and fees that add up to $3,750. A recent Supreme Court of Canada ruling upheld their right to do so, except when drivers refused to take a breath test.  

"Impaired driving in our province continues to be an extreme issue. This cultural epidemic continues to have severe and life-threatening consequences for family, friends, and loved ones and continues to absolutely devastate our communities," Croucher told the House during question period Wednesday.

"It is a cultural epidemic," Attorney General Bloyce Thompson, who is also the justice and public safety minister, said in his response. "It's an epidemic that we have to do something about."

'A different way of looking at it'

After question period, Thompson told CBC News the province has been approached by Mothers Against Drug Driving (MADD) about the idea of automatic roadside penalties and plans to explore the policy proposal in the new year.

"It's a different way of looking at it," Thompson said. "It's definitely an approach we are seriously looking at."

A recent data analysis undertaken by the P.E.I. RCMP showed that impairment — by drugs, alcohol or both — was confirmed or suspected in 34 per cent of fatal crashes over a recent five-year period. 

There is one silver lining: The data also suggested there's been a decrease in impaired-related fatal collisions since 2020.

P.E.I. RCMP stepped up enforcement this year after the province paid to add two new officers to the force's traffic unit, which Thompson said has a provincial mandate to go after impaired drivers. 

We're the only province that incarcerates impaired drivers on their first offence and it's really not working.— Attorney General Bloyce Thompson

That is reflected in the courts.

On Monday, Judge Nancy Orr told a Charlottetown provincial courtroom that impaired driving charges consistently make up half to two-thirds of her docket.

Thompson said that is the intention: to have more drivers face charges if they drive while impaired.

He recently sat through a docket in Georgetown to see for himself what judges are experiencing.

"As sad as it was, it's good to see that we're catching it. We really need a change. And whether that's through an upstream approach… through education, we've got to continue that to really help with addictions across this Island as well," Thompson said.

If an accused person pleads or is found guilty of impaired driving, the punishment can range based on the circumstances, but it is often a few days in jail with a fine and a 12-month driving suspension.

Thompson said raising those penalties do not seem to have an affect on the rates of impaired driving.

"We're the only province that incarcerates impaired drivers on their first offence and it's really not working," he said. "It's a tough one. It's a tough file."

Thompson has spoken publicly about the loss of a close friend who was killed by an impaired driver. He's also said a 2023 impaired driving crash in his district that killed four people weighs heavily on him every time he drives by the memorial markers in Marshfield.

Croucher, who worked as a paramedic for more than a decade, told CBC News it troubles him that some Islanders think it's acceptable to get behind the wheel after consuming alcohol.

"I can't put my finger on what the problem is," he said. "We have the strictest and the harshest rules around drunk driving in Canada — but is it enough? I'm not sure, because we're not seeing a significant downturn."

As for the idea of automatic administrative penalties, Thompson said they need to be explored further — including whether they are constitutional.

One perk Thompson and Croucher both see for automatic roadside penalties is keeping the traffic unit on the road and not tied up testifying in court.