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Bill C-18

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SUMMARY

This enactment amends the Criminal Code by increasing the maximum penalty for impaired driving causing death to life imprisonment, providing for the taking of blood samples for the purpose of testing for the presence of a drug and making other amendments.

EXPLANATORY NOTES

Criminal Code

Clause 1: The definition ``motor vehicle'' in section 2 reads as follows:

``motor vehicle'' means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment;

Clause 2: Subsection 255(3) reads as follows:

(3) Every one who commits an offence under paragraph 253(a) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Clause 3: Subsection 256(1) reads as follows:

256. (1) Subject to subsection (2), where a justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice pursuant to section 487.1 by telephone or other means of telecommunication, that there are reasonable grounds to believe that

    (a) a person has, within the preceding four hours, committed, as a result of the consumption of alcohol, an offence under section 253 and the person was involved in an accident resulting in the death of another person or in bodily harm to himself or herself or to any other person, and

    (b) a qualified medical practitioner is of the opinion that

      (i) by reason of any physical or mental condition of the person that resulted from the consumption of alcohol, the accident or any other occurrence related to or resulting from the accident, the person is unable to consent to the taking of samples of his blood, and

      (ii) the taking of samples of blood from the person would not endanger the life or health of the person,

the justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner to take, or to cause to be taken by a qualified technician under the direction of the qualified medical practitioner, such samples of the blood of the person as in the opinion of the person taking the samples are necessary to enable a proper analysis to be made in order to determine the concentration, if any, of alcohol in his blood.

Clause 4: The relevant portion of section 553 reads as follows:

553. The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information

    ...

    (c) with an offence under

      . . .

      (vii) subsection 259(4) (driving while disqualified),