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加国酒驾惩罚将改?坐牢14年、罚款1000元起!

2015-06-19 汉加风

汉加:联邦政府于6月16日提出最新酒后驾驶法案,惩罚会更加严历。

酒后驾驶一直以来都是导致车祸最多的原因之一,非常危险! 联邦保守党政府提出最新酒后驾驶法案,惩罚会更加严厉!!


联邦司法部长马凯(Peter MacKay)于16日宣布,将将向国会提交打击醉酒驾驶法案(Dangerous and Impaired Driving Act),建议收紧法规,对酒后驾车造成命案的司机判刑坐牢而不是罚款了事。


酒后驾驶导致他人受伤/死亡坐牢6年~14年+罚款1000元起

• making maximum penalties for all offences causing bodily harm 14 years imprisonment and increasing mandatory minimum penalties for indictable offences from a $1,000 fine for to 30 days imprisonment on summary conviction and 120 days on indictment; and

• increasing mandatory minimum penalties for impaired driving and refusal offences causing death from a $1,000 fine to 6 years in prison.


法案同时指出,目前存在的一些漏洞将会被补齐,像是 “我是停车之后才喝酒”的理由将不再会被采用。

嗑药,吸食毒品和大麻后驾驶等等也包括在新法案当中。目前正在制定如何测试第三方药物误导判断力影响的程度。

在现行法律下,醉酒驾驶等神智不清情形下驾驶汽车行为,如果构成严重後果的,检察机权也可以援引刑法予以检控和严惩,但会造成调查、检控及定罪十分复杂和困难,从而形成一些法律漏洞。而打击危险暨神智不清驾驶法案能够堵塞法律漏洞,使警方和检察机构更方便严惩罪行严重的醉酒及吸毒後神智不清情形下驾驶者。

一旦该法案获国会通过,在神智不清情形下开车者接受的惩罚将加重,并规定了最低刑期,不再允许法官判决以罚款取代服刑。


不过,由于本届国会会期下周结束,国会成员即将放璁假,因此这项新法案预计不会在国会夏季休会前通过。而且预期今年秋季将举行大选,极可能未等这项法案通过,国会就已经解散。



Government of Canada announces plan to crack down on impaired driving

Introduces legislation to increase maximum penalties and new mandatory minimum penalties for impaired driving causing bodily harm or death


June 16, 2015 –Ottawa, ON – Department of Justice Canada


In support of the Government of Canada’s commitment to protect Canadians, Peter MacKay, Minister of Justice and Attorney General of Canada today announced the introduction of the Dangerous and Impaired Driving Act, comprehensive legislation to reform all transportation related offences in the Criminal Code, including those that relate to impaired driving.


The reforms would crack down on those who drive while impaired and would modernize the Criminal Code provisions related to transportation offences. The proposed changes reflect the Government’s commitment in the 2013 Speech from the Throne to ensure that Canada is a country where those who break the law are punished for their actions and where prison time matches the severity of crimes committed.



Quick Facts:

• The Dangerous and Impaired Driving Act would limit the use of technical defences and tighten disclosure rules related to alcohol impaired driving that have effectively clogged up the courts. The Bill would:

• simplify proof of blood alcohol concentration (BAC) and tighten disclosure rules regarding breath testing;

• eliminate the ‘bolus drinking’ defence where the driver claims that the BAC over 80 at the time of testing was caused by heavy drinking just before driving so the alcohol was still being absorbed when stopped and their BAC at the time of driving was under 80; and

• strictly limit the ‘intervening drink’ defence where the driver claims the BAC over 80 was caused by drinking after driving.

• The Bill would harmonize and strengthen penalties for all transportation related offences, including increased penalties for repeat offenders, such as:

• making all transportation offences prior offences for one another with the effect of increasing penalties for repeat offenders;

• doubling maximum penalties for offences without bodily harm or death on indictment from five years to 10 years imprisonment and on summary conviction from 18 months imprisonment to two years less a day;

• making maximum penalties for all offences causing bodily harm 14 years imprisonment and increasing mandatory minimum penalties for indictable offences from a $1,000 fine for to 30 days imprisonment on summary conviction and 120 days on indictment; and

• increasing mandatory minimum penalties for impaired driving and refusal offences causing death from a $1,000 fine to 6 years in prison.

• Drivers impaired by drugs also pose a significant risk to Canadians and the government plans to consult widely following the upcoming report from the Drugs and Driving Committee of the Canadian Society of Forensic Science which will offer their conclusions on the levels of drugs that impair drivers and that could be measured by roadside screening devices.

• To make offenders more accountable for their crimes, the Bill proposes significant increases in maximum penalties for several transportation offences and introduces new mandatory minimum penalties in impaired driving and refusal cases that cause bodily harm and death.


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Quotes:

“Our Government is committed to keeping our streets and communities safe for Canadians and their families. I have heard countless times from many Canadians, about the trail of heartbreak and devastation that impaired drivers leave on victims, their families and loved ones. This senseless behaviour has to stop. With today’s introduction, this Government is taking an important step to protect Canadians from impaired driving and other transportation offences. We are sending a strong signal to those who choose to drive impaired, that this behaviour is not only unacceptable but is also creating a serious risk to public safety and putting everyone on the road at risk. Those who break the law must face the consequences of their actions and not at the expense of the innocent lives of law-abiding Canadians.”

-Peter MacKay, Minister of Justice and Attorney General of Canada


Over the course of the past few years, I have met with many families that have lost loved ones to impaired drivers. Those who choose to drive while impaired must face tough sentences that match the severity of their crimes. This proposed legislation announced today sets a place marker to enhance the public safety of all Canadians while keeping our streets and communities safe.

-James Rajotte, MP for Edmonton-Leduc


The Katherine Beaulieu Foundation commends the federal government for its commitment and determination. In its concern for the victims of the scourge of impaired driving – whether from alcohol or from drugs – the government is showing again today its effectiveness by tabling these stricter measures with the ultimate goal of protecting citizens.

-Lise Lebel, Fondation Katherine Beaulieu


The proposed legislation announced today by the Government of Canada, is a step in the right direction to usher a new era of responsibility on our roads. We trust it will make those who think they can drive while impaired to think twice, and decide not to take the risks they may have in the past, and instead, to plan ahead for a safe ride home. We trust this new proposed legislation will be implemented to improve the public’s safety, so all Canadians will have faith again in the Justice system, and our roadways will be safer for all who travel them.

-Markita Kaulius, Families for Justice


“As police services continuously face the issue of dangerous and impaired driving and the resulting victimization of innocent lives, the Canadian Association of Chiefs of Police welcome this Act. It will assist in closing the door to some of the most serious offenders and those who attempt to use loopholes in existing laws rather than accept responsibility for their actions. It modernizes and simplifies impaired driving laws and addresses a number of common occurrences police services must deal with: repeat offenders, failure to stop, refusing to comply with a valid demand to name a few. Ultimately it will assist our officers in our goal of having the safest roads in the world.”

-Chief Clive Weighill, President, Canadian Association of Chiefs of Police










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