INTRODUCTION AND BRIEF DESCRIPTION
This section imposes an additional punishment of a driving prohibition for offenders convicted of impaired driving.
SECTION WORDING
259(3.3) When an offender is convicted or discharged under section 730 of a first offence committed under section 249.2 or subsection 249.4(4), 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 (a) for an offence under section 249.2, during a period of not less than one year plus any period to which the offender is sentenced to imprisonment; and (b) for an offence under subsection 249.4(4), during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year.
EXPLANATION
Section 259(3.3) of the Criminal Code of Canada deals with the punishment for an offender who has committed a first offence under section 249.2 or subsection 249.4(4). These sections specifically deal with impaired driving and causing bodily harm or death while driving under the influence of alcohol or drugs. In addition to any other punishment that may be imposed for the offence, the court is required to make an order prohibiting the offender from operating a motor vehicle on any public place. The length of this prohibition is determined by the offence committed. In the case of an offence under section 249.2, the prohibition will be for a period of not less than one year plus any period to which the offender is sentenced to imprisonment. For an offence under subsection 249.4(4), the prohibition will be for a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year. The purpose of this section is to prevent the offender from endangering other people's lives by driving under the influence of alcohol or drugs. It also serves as a deterrent to others who may be considering driving while impaired. The prohibition on operating a motor vehicle is an important part of the punishment for an offence under these sections as it helps to keep the public safe from harm.
COMMENTARY
Section 259(3.3) of the Criminal Code of Canada plays a vital role in deterring individuals from driving while impaired. This section dictates that when an individual is convicted or discharged under section 730 of a first offense committed under section 249.2 or subsection 249.4(4), the court that sentences the offender must make an order prohibiting them from operating a motor vehicle on any street, road, highway, or other public place. This provision is imposed as a penalty, and it aims to prevent individuals who have been found guilty of driving under the influence from putting other motorists, pedestrians, and themselves at risk of injury or death in future bouts of impaired driving. The order prohibiting the offender from operating a motor vehicle is in addition to any other penalty that may be imposed under Section 249.2 or subsection 249.4(4) of the Criminal Code of Canada. This means that on top of serving time in jail or paying a fine, the offender will be banned from driving for a specified period. The duration of the ban depends on the severity of the offense committed. For instance, if an individual is convicted of an offense under section 249.2, they will be prohibited from driving for a period not less than one year plus any period of imprisonment sentenced. On the other hand, if the offense committed is under subsection 249.4(4), the offender will be banned from driving for a period ranging from not less than one year and not more than ten years in addition to any period of imprisonment. There are several reasons why this section of the Criminal Code of Canada is crucial. Firstly, it serves as a deterrent factor. Knowing that a ban from driving will be imposed on top of other penalties can compel individuals to refrain from driving under the influence. This, in turn, reduces the chances of accidents and fatalities on the roads. Secondly, it helps protect the public from reckless drivers who have been convicted of driving under the influence of alcohol or drugs. Such drivers pose a significant risk on the roads, and preventing them from operating a motor vehicle is one way to reduce this risk. By removing them from the roads, we make the roads safer for all road users. Finally, this section of the Criminal Code of Canada plays a rehabilitative role by ensuring that offenders take responsibility for their actions and learn from their mistakes. The ban from driving can impact one's day-to-day life significantly, and this can serve as a reminder of the consequences of driving under the influence. In conclusion, Section 259(3.3) of the Criminal Code of Canada is crucial in preventing, penalizing, and rehabilitating individuals who have been convicted of driving under the influence of alcohol or drugs. The ban from driving ensures that offenders do not put other road users at risk of injury or death and serves as a reminder of the consequences of their actions.
STRATEGY
Dealing with Section 259(3.3) of the Criminal Code of Canada requires vigilance and strategic considerations to ensure effective enforcement. This section imposes a mandatory driving prohibition on offenders convicted or discharged under sections 249.2 or 249.4(4). These sections pertain to offences related to impaired driving resulting in death or bodily harm. The court has to prohibit an offender from operating a motor vehicle on any public place for a specific period, in addition to any other punishment imposed for the offence. The primary strategy for effective enforcement of Section 259(3.3) is to ensure that the prohibition order is clear, specific, reasonable, and enforceable. First, the order must specify the duration of the prohibition and any conditions imposed concerning the use of a motor vehicle. The duration must be proportionate to the severity of the offence, and the court must take into account the offender's criminal record, attitude, and other relevant factors. Secondly, the order must be reasonable and enforceable, meaning that the offender must be able to comply with the prohibition order practically. A prohibition order that is too restrictive or impractical to comply with can undermine its effectiveness and lead to noncompliance by the offender. Thus, the court must consider the offender's family or job circumstances and ensure that the prohibition order doesn't create undue hardship. Thirdly, monitoring compliance with Section 259(3.3) is critical to its effective enforcement. Police officers and other law enforcement agencies must be aware of these prohibition orders when encountering drivers to ensure that the offenders do not breach them. The offenders must be informed of the prohibition order's precise conditions and the potential consequences of their failure to comply with the order. Moreover, the court may also consider requiring the offenders to wear electronic monitoring devices or use ignition interlock systems to deter them from driving illegally. Fourth, effective enforcement of Section 259(3.3) requires collaboration among stakeholders, including the police, law enforcement agencies, probation officers, and offenders themselves. The police must prioritize the enforcement of these prohibition orders and take proactive measures to prevent noncompliance, such as conducting random spot checks and ensuring prompt arrest of offenders who continue to drive while prohibited. Probation officers can assist in monitoring compliance with the prohibition order and providing support to offenders to ensure they comply with the order. Lastly, rehabilitation programs and support are critical in ensuring that offenders comply with the prohibition order and desist from committing future offences. While the prohibition order may deter offenders from driving while prohibited, rehabilitation programs can address underlying causes of impaired driving, such as alcohol addiction or substance abuse. Such programs can help offenders overcome these issues and lead a more productive and healthy life, reducing the likelihood of committing future crimes. In conclusion, effective enforcement of Section 259(3.3) of the Criminal Code of Canada requires a multifaceted approach involving clear and specific prohibition orders, enforceable conditions, monitoring compliance, collaboration among stakeholders, and rehabilitation programs and support. By adopting these strategic considerations, we can reduce the incidence of impaired driving, protect public safety, and enhance justice for victims of impaired driving.