INTRODUCTION AND BRIEF DESCRIPTION
Offenders convicted of certain impaired driving offences, with prior convictions, are prohibited from operating a motor vehicle for life.
SECTION WORDING
259(3.4) When an offender is convicted or discharged under section 730 of an offence committed under section 249.2 or 249.3 or subsection 249.4(3) or (4), the offender has previously been convicted or discharged under section 730 of one of those offences and at least one of the convictions or discharges is under section 249.2 or subsection 249.4(4), the court that sentences the offender shall make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place for life.
EXPLANATION
Section 259(3.4) of the Criminal Code of Canada imposes a lifetime driving prohibition on offenders convicted or discharged under section 730 of certain impaired driving offences. These offences include impaired driving causing death (section 249.4(3)), impaired driving causing bodily harm (section 249.4(4)), and impaired driving (section 249.2). The provision applies only to offenders who have previously been convicted or discharged under section 730 of at least one of these offences, and at least one of the convictions or discharges is under section 249.2 or subsection 249.4(4). This provision reflects the seriousness of impaired driving offences, particularly those that result in death or bodily harm. Driving while impaired puts not only the offender's own safety at risk but also endangers the lives of others on the road. The lifetime driving prohibition serves as a deterrent to discourage repeat offenders from driving while impaired and potentially causing more harm. It is important to note that the provision does not apply to all impaired driving offences, and that other penalties and consequences may also be imposed by the court. Additionally, the offender may apply for a limited exemption to the driving prohibition in certain situations, such as in the case of a medical emergency. Overall, section 259(3.4) plays a crucial role in the criminal justice system's efforts to combat impaired driving and protect public safety on Canada's roads.
COMMENTARY
Section 259(3.4) of the Criminal Code of Canada is an important provision that deals with repeat offenders of impaired driving offences. The provision mandates that an offender who has been previously convicted or discharged under section 730 of the Criminal Code for an impaired driving offence, and has been convicted of a subsequent offence under section 249.2 or 249.3 or subsection 249.4(3) or (4), will be prohibited from operating a motor vehicle on any street, road, highway, or other public place for life. The provision's purpose is to protect the public from the dangers posed by repeat impaired drivers. People who drive under the influence of alcohol or drugs are a menace to society. Not only do they put themselves at risk, but they also endanger the lives of other road users. Impaired driving is the leading cause of death and injury on Canadian roads. Studies have shown that repeat offenders of impaired driving pose a greater risk to public safety than first-time offenders. This provision seeks to reduce that risk by taking away the repeat offender's ability to operate a vehicle altogether. The provision has been a subject of controversy among legal experts and the public. Some argue that the provision is too harsh and that it violates the principles of proportionality and fairness. They argue that a lifetime ban on driving is too severe a punishment for even the worst repeat offenders. They also argue that driving is a fundamental right that should not be taken away permanently. On the other hand, proponents of the provision argue that the lifetime ban is necessary to protect society from repeat offenders who have shown persistent disregard for the law and public safety. They argue that impaired driving is a preventable crime and that those who repeatedly engage in it should face severe consequences. They also argue that the provision provides an additional deterrent to impaired driving, as offenders who know that they risk a lifetime ban may be less likely to reoffend. Regardless of the debate surrounding the provision, it remains an important part of Canada's impaired driving laws. Impaired driving poses a serious threat to public safety, and repeat offenders must face severe consequences to deter them from engaging in the crime. The lifetime driving ban is a harsh but necessary remedy to protect the lives of innocent people. In conclusion, section 259(3.4) of the Criminal Code of Canada is a provision that prohibits repeat offenders of impaired driving offences from operating a vehicle for the rest of their lives. The purpose of the provision is to protect society from the dangers posed by repeat impaired drivers. While the provision has been controversial, it remains an important part of Canada's impaired driving laws and serves to deter repeat offenders from committing the crime.
STRATEGY
Section 259(3.4) of the Criminal Code of Canada prohibits an offender from operating a motor vehicle on any public place for life if they have been convicted of an offence committed under section 249.2 or 249.3 or subsection 249.4(3) or (4) and have previously been convicted or discharged under section 730 of one of those offences, and at least one of the convictions or discharges is under section 249.2 or subsection 249.4(4). When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Firstly, it is important to consider the severity of the offence that the offender has committed. If the offender has been convicted of impaired driving causing bodily harm or death, then the prohibition on operating a motor vehicle for life may be seen as a necessary punishment in order to protect public safety. However, if the offence is less severe, then a lifetime driving prohibition may be seen as excessive and could be challenged by the offender's legal counsel. Secondly, it is important to consider the potential consequences of a lifetime driving prohibition on the offender. If the offender relies on driving for their livelihood, such as a truck driver or a salesperson who needs to travel a lot, then this prohibition could have a significant impact on their ability to earn a living. In such cases, it may be possible to negotiate a shorter driving prohibition period or to seek an exemption that allows the offender to drive for work purposes only. Thirdly, it is important to consider the potential impact of a lifetime driving prohibition on the offender's rehabilitative and reintegration goals. If the offender is seeking to turn their life around and become a productive member of society, then a lifetime driving prohibition could hinder their ability to achieve these goals. In such cases, it may be more appropriate to seek a shorter driving prohibition period or to seek an exemption that allows the offender to drive for certain purposes, such as attending rehabilitation or educational programs. Having considered these strategic considerations, there are several strategies that could be employed in dealing with Section 259(3.4) of the Criminal Code of Canada. The first strategy would be to negotiate with the Crown prosecutor in order to seek a reduced driving prohibition period or an exemption that allows the offender to drive for certain purposes. This could involve presenting evidence of the offender's rehabilitative goals or evidence of their need to drive for work purposes. The second strategy would be to challenge the validity of a lifetime driving prohibition under Section 259(3.4). This could involve arguing that the offence committed by the offender does not warrant such a severe punishment or that a lifetime driving prohibition would be excessive in the circumstances. The third strategy would be to seek a conditional discharge under Section 730 of the Criminal Code. This would involve negotiating with the Crown prosecutor in order to seek a discharge without a conviction or sentence, subject to conditions such as attending rehabilitation programs or completing community service. This would allow the offender to avoid a criminal record and a driving prohibition, while still being held accountable for their actions. In conclusion, Section 259(3.4) of the Criminal Code of Canada prohibits an offender from operating a motor vehicle on any public place for life if they have been convicted of certain impaired driving offences. When dealing with this section of the Criminal Code, it is important to consider the severity of the offence, the potential consequences of a lifetime driving prohibition, and the offender's rehabilitative and reintegration goals. Strategies that could be employed include negotiating with the Crown prosecutor, challenging the validity of a lifetime driving prohibition, and seeking a conditional discharge.