MADD Canada says impaired-driving cases ending over court delays in Newfoundland and Labrador are not surprising and is urging a roadside penalty alternative.
Mothers Against Drunk Driving Canada says impaired-driving prosecutions ending in Newfoundland and Labrador because of trial delays are a sign of a wider justice-system problem, and the organization plans to press the province for a roadside penalty option it says could keep more cases out of court.
CBC News reported it has identified four impaired-driving cases in the province within the last 18 months that ended because of issues tied to R v. Jordan, the 2016 Supreme Court of Canada decision affirming an accused person’s right to be tried within a reasonable time. In one case, charges had been laid 52 months before proceedings were halted.
“Sadly, it's not surprising,” Steve Sullivan, CEO of MADD Canada, told CBC News. “I think what's happening in Newfoundland and Labrador is just indicative of what's happening across the country.”
The reported cases include a 61-year-old man stopped by Royal Newfoundland Constabulary officers on Lemarchant Road in St. John’s after an anonymous tip. He was charged with impaired driving and driving with a blood alcohol level over 80 milligrams, pleaded not guilty, and still had not gone to trial two years later. After his lawyer filed a Jordan application, the Crown called no further evidence and asked the judge to enter an acquittal.
Sullivan said cases ending because of timelines rather than the evidence can undermine confidence in the justice system for victims, accused people and the public. He also warned that failing to impose consequences or accountability may leave communities exposed to repeat offending.
CBC reported another case in which a 51-year-old man was charged with dangerous driving after a serious collision on Topsail Road in St. John’s. Police alleged the driver had been street racing and travelling above 130 km/h before a crash involving a minivan. More than two years later, during trial, the defence filed a Jordan application; the Crown conceded the matter was well beyond the Jordan timeline and the charges were stayed. CBC reported the accused was later charged with impaired driving while awaiting that trial, and that case remains before the courts.
Sullivan said he will visit St. John’s next month to meet with government officials about immediate roadside prohibition. Under that approach, first-time impaired drivers would face administrative penalties such as licence suspensions, vehicle impoundments and ignition interlock devices instead of going through criminal prosecution.
He told CBC the model is already used in British Columbia, Alberta, Manitoba, New Brunswick and Yukon, and argued it could reduce pressure on courts while still creating immediate consequences. Newfoundland and Labrador already has administrative sanctions for some drivers below the criminal blood-alcohol limit, but Sullivan said roadside prohibition would expand that approach.
The province’s next response will determine whether MADD’s proposal becomes part of a broader effort to address cases lost to missed trial deadlines.
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