INTRODUCTION AND BRIEF DESCRIPTION
This section mandates a court to prohibit offender convicted of impaired driving from operating a motor vehicle, vessel, aircraft, or railway equipment for a specific period.
SECTION WORDING
259(1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be, (a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year; (b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.
EXPLANATION
Section 259(1) of the Criminal Code of Canada is a provision that deals with the punishment of individuals who have been convicted of or discharged under certain impaired driving offenses. The section applies to offenders who, at the time of committing the offense, were operating or had the care or control of a motor vehicle, vessel, or aircraft, or were assisting in the operation of an aircraft or of railway equipment. The section requires that in addition to any other punishment that may be imposed for the underlying offense, the court must make an order prohibiting the offender from operating a motor vehicle on any public road, highway or other public place, or from operating a vessel, aircraft or railway equipment, depending on the nature of the offense committed. The duration of the prohibition varies based on the number of previous convictions an individual has received for similar offenses. For a first offense, the court may prohibit the offender from operating a vehicle for a period of not more than three years plus any period to which the offender is sentenced to imprisonment, but not less than one year. For a second offense, the court may prohibit the offender from operating a vehicle for a period of not more than five years plus any period to which the offender is sentenced to imprisonment, but not less than two years. For each subsequent offense, the court may prohibit the offender from driving for a minimum of three years plus any period to which the offender is sentenced to imprisonment. Overall, section 259(1) serves as a deterrence mechanism and seeks to reduce the incidents of impaired driving on Canadian roads and waterways by ensuring that offenders are disqualified from operating a vehicle for a period of time.
COMMENTARY
Section 259(1) of the Criminal Code of Canada is an important provision that serves to protect the public by ensuring that individuals who drive under the influence of alcohol or drugs do not continue to pose a danger to others on the road. The section mandates that in addition to any other punishment that may be imposed for the offence of impaired driving, the court must also make an order prohibiting the offender from operating a motor vehicle, vessel or aircraft, or railway equipment for a certain period of time. The purpose of this provision is to ensure that individuals who have shown a disregard for the safety of others by driving under the influence of alcohol or drugs are prevented from doing so again. By prohibiting these individuals from operating a vehicle or vessel, the provision aims to reduce the risk of accidents and injuries caused by impaired driving. The severity of the prohibition period is based on the number of prior offences the convicted individual has committed, with subsequent offences resulting in increasingly longer periods of prohibition. Section 259(1) has been effective in reducing the number of accidents and injuries caused by impaired driving. By mandating that offenders are prohibited from operating a vehicle, vessel or aircraft, or railway equipment, the provision serves as a strong deterrent against repeat offences. It also ensures that offenders are held accountable for their actions by imposing additional consequences, even after they have served their sentence for their impaired driving offence. The provision also aligns with the principles of restorative justice, which aims to hold offenders accountable for their actions and encourages them to take steps to repair the harm they have caused. By prohibiting impaired drivers from operating vehicles or vessels, the provision forces offenders to reflect on the consequences of their actions and to take responsibility for their behaviour. However, there have been criticisms of Section 259(1), particularly around the length of the prohibition periods and the lack of discretion given to judges in imposing the prohibitions. Some argue that the mandatory minimum prohibition periods are too harsh and do not allow for consideration of individual circumstances. For example, the prohibition may cause undue hardship to an individual who relies on their vehicle for work or caregiving duties. To address these concerns, some have called for more discretion to be given to judges in imposing the prohibition periods, or for alternative measures to be explored, such as mandatory ignition interlock devices or rehabilitative programs for offenders. Overall, Section 259(1) of the Criminal Code of Canada is an important provision aimed at deterring impaired driving and protecting the public from harm. While there may be room for improvement, the provision has been effective in reducing the number of accidents and injuries caused by impaired driving and holding offenders accountable for their actions.
STRATEGY
Section 259(1) of the Canadian Criminal Code is a tool for the Crown to prohibit offenders convicted of impaired driving offences from operating a motor vehicle, vessel or aircraft, or railway equipment. This section of the Criminal Code is designed to protect the safety of the public and deter drunk driving by imposing strict driving bans on offenders. Strategic considerations need to be taken into account when dealing with this section to ensure its full effective implementation and enforcement. Some strategic considerations are discussed below: 1. Adequate proof of impairment To obtain a conviction under section 259(1), the Crown must provide evidence of impairment at the time of the offence. This can be established through breath or blood samples or other evidence such as sobriety tests, witness statements, and the accused's behavior and appearance. The prosecution needs to ensure that the evidence is strong and convincing to establish the requisite level of impairment for a conviction. 2. Severity of punishment The severity of the punishment in section 259(1) needs to be considered carefully. Factors like the defendant's criminal history, level of impairment, and the degree of recklessness involved in the offence should be taken into account. The punishment should be proportionate to the seriousness of the offence and should be sufficient to deter future impaired driving. 3. Duration of the driving prohibition The length of the driving prohibition for impaired driving offences varies depending on the number of previous convictions. It is essential to consider the offender's circumstances, such as the existence of dependent children, employment status, and medical needs, when determining the length of prohibition. There has to be a balance between safeguarding public safety and recognizing the offender's situation. 4. The role of defence counsel Defence counsel may argue that the accused's driving license suspension already serves as a sufficient punishment, or that the prohibition is too harsh and unjust. It is imperative that the Crown address these arguments and establishes the need for strict punishment for impaired driving offenders. Engaging the defence proactively and providing them with opportunities to address their concerns can lead to more satisfactory resolutions. 5. Enforcement of the driving prohibition The enforcement of the driving prohibition is critical to its effectiveness. Prohibition orders must be made clear and straightforward, and the offender must be notified accordingly. The police must be informed of the driving prohibition, and there should be strict monitoring and penalties for any violations. Regular checks and monitoring by the police and mandatory alcohol and drug testing can be implemented to ensure compliance. Strategies: 1. Information sharing The Crown can work with government agencies, including the department of motor vehicles and the police, to ensure that information about the driving prohibition and the offender's status is readily available. This information sharing can help prevent offenders from driving and improve their compliance with the prohibition order. 2. Educational programs Educational programs can be designed to educate the public about the dangers of impaired driving and the consequences of breaking driving prohibition orders. These programs can be mandatory for convicted offenders and can aim to increase their awareness of the impact of their actions on the community. 3. Increased penalties for violating driving prohibition orders Stiffer penalties for violating driving prohibition orders can also help deter offenders from driving. Penalties can include hefty fines and extended periods of imprisonment, depending on the seriousness of the offence. 4. Alcohol interlock programs Alcohol interlock programs can be used to ensure that offenders do not operate a motor vehicle while under the influence of alcohol. Alcohol-interlock devices can be installed in offenders' cars and require a switch or breath alcohol ignition interlock device that analyzes their breath to ensure sobriety before allowing the vehicle to start. The device can also require random breath tests during driving to ensure that the driver remains sober. Conclusion Section 259(1) of the Canadian Criminal Code is an essential tool in reducing impaired driving and improving public safety. Crown attorneys must consider strategic considerations when implementing this section of the code to achieve maximum effectiveness. They need to gather adequate evidence, consider the severity of punishment, the duration of the prohibition order, and the role of defense counsel. Additionally, strategies like information sharing, educational programs, increased penalties, and alcohol interlock devices can be employed to improve compliance with the prohibition orders and deter impaired driving. These strategies require effective implementation and coordination between various government agencies to achieve maximum effectiveness.