The Ontario Association of Criminal Lawyers raises questions about the latest plan to address distracted driving

A provincial association of criminal lawyers raises concerns that the impaired driving legislation proposed by Alberta may give the police too much unchecked power.

Bill 21, the Provincial Administrative Penalties Act, will give police the power to impose a $1,000 fine, instead of criminal charges, to first-time offenders with a blood alcohol content of 0.08 or greater.

In addition to the current penalties for a 90-day licence suspension and 12 months using an interlocking device that prevents a car from starting if the driver has been intoxicated, police may also enforce a compulsory training course and a 30-day vehicle seizure.

On June 4, the bill received its first reading in the legislature.

Concerns surrounding the bill

Jordan Stuffco, president of the Criminal Trial Lawyers Association (CTLA), said he was concerned that police were not held accountable after issues reported in British Columbia that passed similar legislation in 2010.

"There have been cases (in B.C.) where people were placed unfairly in front of a test device," he said. "There are cases out there where, honestly, someone can't blow into the machine and they get charged for refusal. Now they have gone off the road for a year. There is a need to test the police force.

Stuffco said there has been a lack of policy consultation to influence such reforms, and hopes his group, as well as other legal organisations, will be able to help provide feedback.

Authorities will also criminally charge a first-time offender if conditions are aggravating, such as serious disability, physical harm or what are aboriginal laws death. The government says these changes and the creation of a new branch of government, SafeRoads AB, will free up time for both courts and police to deal with the sanctions and keep more people safe.

Under the proposed roadside sanctions system, which is set to begin by the end of 2020, anyone found with a concentration of blood alcohol above 0.08 for the second time will face criminal charges, along with a fine of $2,000 in addition to increasingly-current penalties.

A third offence will also mean a $2,000 lifelong fine and mandatory use of an interlock system.

Stuffco said Alberta appears to be modelling its programme after the one in B.C., which at the time was claimed to be one of the toughest anti-drunk driving laws in the country but faced numerous court challenges over concerns that it infringed the rights of a driver.

"Hopefully the UCP will not pass punitive, unconstitutional legislation, resulting in widespread litigation that only muddles the law and keeps our roads safer," he said.