INTRODUCTION AND BRIEF DESCRIPTION
Anyone who is liable for punishment under subsections 2 to 3.2 is also liable for the minimum punishment in paragraph 1(a).
SECTION WORDING
255(3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).
EXPLANATION
Section 255(3.3) of the Criminal Code of Canada is a provision that seeks to clarify the liability of an offender who is convicted of impaired driving causing bodily harm or death. The section provides that any person who is found guilty of an offence under subsections (2) to (3.2) of Section 255 is subject to the mandatory minimum punishment prescribed in paragraph (1)(a) of the same Section. Subsections (2) to (3.2) of Section 255 relate to offences involving impaired driving that cause bodily harm or death. The Criminal Code sets out various degrees of impaired driving offences - from the least serious to the most severe. The mandatory minimum punishment ranges from a fine to a period of imprisonment, depending on the offence's gravity. Paragraph (1)(a) of Section 255 provides that anyone who commits an impaired driving offence and thereby causes bodily harm or death to another person is liable to a minimum punishment of imprisonment for a term of two years for a first offence, and for a term of five years for a second or subsequent offence. Section 255(3.3) is essential because it ensures that offenders who commit serious offences of impaired driving causing bodily harm or death receive the mandatory minimum punishment prescribed in the Criminal Code. The provision eliminates any ambiguity regarding the imposition of minimum sentences on such offenders. Overall, the inclusion of Section 255(3.3) reinforces the seriousness of impaired driving offences that cause bodily harm or death and serves as a deterrent to potential offenders. It also ensures that justice is served for the victims and their families.
COMMENTARY
Section 255(3.3) of the Criminal Code of Canada is a provision that extends the scope of punishment for impaired driving offenses, as stipulated in subsections (2) to (3.2), to include the minimum punishment prescribed in paragraph (1)(a). This section enhances the criminal justice response to the problem of impaired driving, which is a serious and persistent public safety issue in Canada. Impaired driving, which refers to driving under the influence of alcohol or drugs, is one of the leading causes of road accidents and fatalities in Canada. According to the latest statistics from Transport Canada, impaired driving contributed to 1,922 road deaths and 9,494 injuries in 2018, making it responsible for about one-third of all traffic fatalities. These numbers underscore the need for effective and comprehensive measures to deter and punish impaired driving. Section 255(3.3), by requiring that all offenders who commit impaired driving offenses are subject to the minimum punishment prescribed in paragraph (1)(a), provides a consistent and predictable punishment regime for impaired driving offenses. Paragraph (1)(a) stipulates that the court must impose a minimum fine of $1,000 for a first offense, a minimum of 30 days' imprisonment for a second offense, and a minimum of 120 days' imprisonment for a third or subsequent offense. This provision thus ensures that offenders are held accountable for their actions and that the punishment is proportionate to the seriousness of the offense. Moreover, section 255(3.3) has an important symbolic value in signaling the gravity and harm of impaired driving. By specifying that all offenders are subject to the minimum punishment, no matter how lenient or harsh the judge's sentence may be, this provision reinforces the message that impaired driving is a serious and unacceptable offense that must be punished firmly and consistently. In this way, section 255(3.3) contributes to the broader goals of deterrence, public education, and community safety, which are integral to the criminal justice system. However, section 255(3.3) is not without controversy and critique. Some argue that it creates a mandatory minimum" punishment regime that is unduly harsh and inflexible, especially for first-time offenders who may be subject to the minimum fine without consideration for their circumstances or capacity to pay. Others argue that such one-size-fits-all" approach overlooks the individualized nature of criminal justice and fails to account for the different risk factors and recidivism patterns associated with impaired driving. Another concern is that section 255(3.3) may not address the root causes of impaired driving, such as addiction, mental health, poverty, or social isolation, which require a broader range of social and health services. While punishing offenders is an important aspect of addressing impaired driving, it should be complemented by prevention, education, and rehabilitation measures that address the underlying factors and help offenders to overcome their addiction and change their behavior. Therefore, in evaluating section 255(3.3), it is important to consider its broader implications and context, as well as its potential strengths and limitations. While the provision provides a clear and consistent punishment regime for impaired driving offenses and signals the seriousness of the offense, it should be implemented in a way that respects the principles of proportionality, individualization, and human rights. Moreover, it should be complemented by prevention, education, and rehabilitation measures that aim to address the root causes of impaired driving and promote a safer and healthier society.
STRATEGY
Section 255(3.3) of the Criminal Code of Canada is a very important section for any criminal defense lawyer or prosecutor. This section is concerned with the minimum punishment that must be imposed when a person is convicted of impaired driving offenses. One of the most important strategic considerations when dealing with this section is the fact that minimum punishment must be imposed. This means that even if the person is a first-time offender, they will still be subject to the minimum punishment described in paragraph (1)(a). This minimum punishment includes a fine of at least $1,000 and a driving prohibition of at least one year. As a result, any defense lawyer must be prepared to negotiate with the prosecutor to reach a decision that works in the client's best interests. Another strategic consideration is the ability to plea bargain. A plea bargain is a negotiation between the defense lawyer and the prosecutor to reach an agreement on a reduced charge or sentence. This is often the best strategy for a defense lawyer because it can result in a lesser sentence for their client. A plea bargain can also be beneficial for the prosecutor because it saves them time and resources and helps to clear up the courts. One strategy that could be employed is challenging the breathalyzer test results. In many cases, a person's breathalyzer test results are the primary evidence against them. However, breathalyzer test results can be challenged on a number of grounds, including the fact that the machine was not properly calibrated or maintained, or that the test was not administered correctly. If the defense lawyer is successful in challenging the breathalyzer test results, they may be able to have the charges dismissed or reduced. Another strategy that could be employed is arguing that the minimum punishment is too severe for the particular circumstances of the case. In some cases, a person may have extenuating circumstances that warrant a lower sentence. For example, if a person was drinking because they were dealing with a stressful situation, such as a divorce or a job loss, a defense lawyer could argue that a reduced sentence is appropriate. Finally, it is important to note that section 255(3.3) is not the only section of the Criminal Code of Canada that deals with impaired driving offenses. There are a number of other sections that deal with other impaired driving offenses, such as impaired driving causing bodily harm or death. As a result, it is important for a defense lawyer to be familiar with all of the relevant sections of the Criminal Code in order to build the strongest possible case for their client. In conclusion, section 255(3.3) of the Criminal Code of Canada is an important section for any criminal defense lawyer or prosecutor dealing with impaired driving offenses. When dealing with this section, it is important to consider the minimum punishment that must be imposed, the ability to plea bargain, and other strategies that could be employed to build a strong case. Overall, a successful defense strategy for impaired driving offenses will involve comprehensive knowledge of the relevant sections of the Criminal Code and the ability to negotiate effectively with the prosecutor.