Amid concerns about court backlogs during the height of the COVID-19 pandemic, Ontario’s Attorney General introduced a directive in late 2021 instructing Crown prosecutors to consider exceptional circumstances to handle impaired driving cases. Prosecutors were advised to withdraw alcohol-related criminal charges in exchange for guilty pleas to careless driving charges under the Highway Traffic Act. This policy applied to less severe drunk driving cases, excluding situations involving fatalities, bodily harm, high blood-alcohol levels, prior criminal records, or the presence of children in the vehicle. Crown prosecutors emphasized that the plea deal was time-limited and not a signal of leniency towards impaired driving. However, a script obtained by Global News revealed that prosecutors explained the resolution as balancing the need for accountability with ensuring timely prosecution of serious cases. The Ford government does not track how often this policy has been used or how many accused drunk drivers have avoided criminal records. Defense lawyer Bruce Daly estimates that approximately 12 to 15 percent of his drinking and driving cases resulted in downgraded charges. MADD Canada believes thousands of cases were affected by the policy. Despite subsequent crackdowns on impaired driving by the Ontario Provincial Police and the Ford government, the Crown prosecutor’s manual still permits the withdrawal of non-aggravating impaired driving cases in exceptional circumstances related to the pandemic. Critics like MADD Canada question the effectiveness of the policy, citing concerns about mixed messages regarding zero-tolerance approaches to drunk driving and the actual consequences faced by offenders.
Crown Prosecutors Offered Plea Deals to Impaired Drivers Amidst Court Backlogs
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