OTTAWA, September 28, 2005 -- The Minister of Justice and Attorney General of Canada, Irwin Cotler, today introduced proposed amendments to the Criminal Code which target street racing, by specifically identifying street racing as an aggravating factor in sentencing and introducing mandatory driving prohibitions.
“Over the past few years, there have been numerous instances where participants and innocent bystanders have been injured or even killed as a result of street racing,” said Minister Cotler. “The proposed amendments will respond to these tragic instances, as well as the call of the late Chuck Cadman, Member of Parliament, to take further action to keep our streets safe and protect interests of victims.”
Currently, there are four offences under the Criminal Code which can apply to street racing when fatalities and injuries occur. These offences are criminal negligence causing death, dangerous operation of a motor vehicle causing death, criminal negligence causing bodily harm, and dangerous operation of a motor vehicle causing bodily harm. The amendments introduced today ensure that street racing, if found by the sentencing judge to be present, would be an aggravating factor in sentencing for those convicted of the four offences.
“Despite the risk of death or serious injury, the phenomenon of street racing continues in Canada ,” said Minister Cotler. “These amendments send a clear message to those who participate in this activity – the Government of Canada will not tolerate this reckless and often fatal behaviour.”
In addition to making street racing an aggravating factor, the proposal includes mandatory driving prohibitions where the noted offences are found to involve street racing. The period of driving prohibition would follow any period to which an offender is sentenced to imprisonment.
Offence
Current penalty
Available sentence
If sentencing judge finds street racing a factor in noted offences
Criminal negligence causing death
Maximum life imprisonment
Discretionary driving prohibition
Maximum life imprisonment
Mandatory prohibition on driving ranging from a minimum of one (1) year to a maximum lifetime ban
Dangerous operation of a motor vehicle causing death
Maximum fourteen (14) years imprisonment
Discretionary driving prohibition
Maximum fourteen (14) years imprisonment
Mandatory prohibition on driving ranging from a minimum of one (1) year to a maximum of ten (10) years
Criminal negligence causing bodily harm
Maximum ten (10) years imprisonment
Discretionary driving prohibition
Maximum ten (10) years imprisonment
Mandatory prohibition on driving ranging from a minimum of one (1) year to a maximum of ten (10) years
Dangerous operation of a motor vehicle causing bodily harm
Maximum ten (10) years imprisonment
Discretionary driving prohibition
Maximum ten (10) years imprisonment
Mandatory prohibition on driving ranging from a minimum of one (1) year to a maximum of ten (10) years
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Ref.:
Mylène Dupéré
Office of the Minister of Justice (613) 992-4621
Media Relations Office
Department of Justice Canada
(613) 957-4207
