INTRODUCTION AND BRIEF DESCRIPTION
Offenders registered in an alcohol ignition interlock program cannot operate a motor vehicle equipped with the device for a period of time specified by the court.
SECTION WORDING
259(1.2) An offender who is registered in a program referred to in subsection (1.1) may not operate a motor vehicle equipped with an alcohol ignition interlock device until (a) the expiry of a period of (i) for a first offence, 3 months after the day on which sentence is imposed, (ii) for a second offence, 6 months after the day on which sentence is imposed, and (iii) for each subsequent offence, 12 months after the day on which sentence is imposed; or (b) the expiry of any period that may be fixed by order of the court that is greater than a period referred to in paragraph (a).
EXPLANATION
Section 259(1.2) of the Criminal Code of Canada is a provision that pertains to offenders who have been mandated to participate in a program that requires them to operate a motor vehicle equipped with an alcohol ignition interlock device. This device is a breathalyzer that is wired to the vehicle's ignition system and prevents the vehicle from starting if the driver's breath contains alcohol. The provision states that an offender who is registered in such a program may not operate a motor vehicle equipped with an alcohol ignition interlock device until a specified period has elapsed. The length of the period depends on the offender's offence history. For a first offence, the period is three months after the day on which sentence is imposed. For a second offence, the period is six months after the day on which sentence is imposed. For each subsequent offence, the period is 12 months after the day on which sentence is imposed. However, the court may order a longer period before the offender can operate a motor vehicle equipped with an alcohol ignition interlock device. The purpose of this provision is to prevent impaired driving by ensuring that offenders who are required to use an alcohol ignition interlock device do not have access to a motor vehicle until a sufficient period has elapsed. This provision helps to prevent recidivism and protect the public's safety on the roads. It also allows offenders to fulfill their obligations to participate in the program while ensuring that they do not pose a risk to others on the roads.
COMMENTARY
Section 259(1.2) of the Criminal Code of Canada is a crucial provision that regulates the operation of motor vehicles equipped with an alcohol ignition interlock device (AIID) by convicted offenders. An AIID is a breathalyzer device that is installed in a motor vehicle and is designed to prevent the driver from starting and operating the vehicle if their breath sample indicates a blood alcohol concentration (BAC) above a predetermined limit. This provision applies to offenders who are registered in a program referred to in subsection (1.1) of section 259. This program is commonly known as the "Ignition Interlock Program" (IIP), which is a rehabilitation program for convicted impaired drivers that requires them to install an AIID in their vehicle for a certain period. The program aims to prevent repeat offences and ensure public safety by monitoring the offender's compliance with sobriety and reducing the risk of future alcohol-related accidents. According to subsection (1.2) of section 259, an offender who is registered in the IIP cannot operate a motor vehicle equipped with an AIID until the expiry of a specific period after the day on which sentence is imposed. The length of the period varies depending on the number of offences committed by the offender. For a first offence, the period is three months, six months for a second offence, and twelve months for each subsequent offence. However, the court may order a longer period in certain circumstances. The primary objective of this provision is to enhance the effectiveness of the IIP by ensuring that offenders who have demonstrated high-risk behaviors are monitored more closely. By limiting the operation of motor vehicles equipped with an AIID for a specified period, the provision aims to discourage offenders from driving while impaired while sending a clear message that the justice system is serious about protecting the public from the harms caused by impaired driving. Furthermore, section 259(1.2) recognizes the importance of rehabilitating offenders and reintegrating them into society. It acknowledges that offenders may need to operate a motor vehicle to carry out their daily activities, such as going to work, attending medical appointments, and providing care for their children or aging parents. Therefore, the provision strikes a balance between offender rehabilitation and public safety by allowing offenders to operate a motor vehicle equipped with an AIID after the expiry of the specified period. In conclusion, section 259(1.2) of the Criminal Code of Canada is a vital provision that regulates the operation of motor vehicles equipped with an AIID by convicted impaired drivers. It highlights the importance of the IIP in enhancing public safety by preventing impaired driving and rehabilitating offenders. Furthermore, it strikes a balance between offender rehabilitation and public safety by limiting the operation of motor vehicles equipped with an AIID for a specified period while still allowing offenders to carry out their essential activities.
STRATEGY
One of the primary strategic considerations when dealing with Section 259(1.2) of the Criminal Code of Canada is ensuring compliance with the law as it relates to offenders who are required to use alcohol ignition interlock devices. The first strategy that could be employed in dealing with this section of the Criminal Code is to ensure that offenders who are required to use the devices are aware of the legal requirements associated with their use. This includes informing offenders of the specific period of time they are prohibited from operating a motor vehicle equipped with an alcohol ignition interlock device following sentencing. Another important strategy is to ensure that the availability of alcohol ignition interlock devices is adequate to meet the needs of offenders. This may involve working with manufacturers and suppliers to increase the number of devices available for use, as well as working with service providers to ensure that there are enough authorized installation and maintenance providers to meet demand. In addition, it may be necessary to develop programs that help offenders overcome any challenges associated with using the devices, such as the cost of installation and maintenance, as well as the stigma that can be associated with having to use the devices. This may include developing financial assistance programs and education campaigns to raise awareness of the benefits of the devices. Strategies may also involve working with law enforcement agencies to ensure that offenders are properly monitored and that they are in compliance with the use of the devices. This can include developing protocols for monitoring and reporting, as well as establishing mechanisms for enforcement when violations occur. Finally, it may be necessary to develop a comprehensive evaluation and monitoring system to ensure that the use of alcohol ignition interlock devices is effective in reducing the incidence of impaired driving. This may include collecting data on the number of devices in use, the number of violations and the effectiveness of enforcement measures. Overall, dealing with Section 259(1.2) of the Criminal Code of Canada requires a multifaceted approach that involves not only enforcing the law but also developing programs and strategies to ensure compliance and reduce the incidence of impaired driving. It requires collaboration between law enforcement agencies, service providers, manufacturers, and other stakeholders to ensure the safety of all road users.