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Briefly: January 13, 2012

Drinking driving penalties unfair A BC Supreme Court judge has ruled parts of the provincial government’s tougher drinking and driving penalties unconstitutional.

Drinking driving penalties unfair

A BC Supreme Court judge has ruled parts of the provincial government’s tougher drinking and driving penalties unconstitutional.

Recently, the court ruled that the now one-year-old tougher laws on drinking and driving violate the Canadian Charter of Rights and Freedoms by not providing an avenue for those accused to seek an appeal.

“I have found that the challenge succeeds in part,” wrote Justice Jon Sigurdson in the decision, “because in one respect the impugned legislation infringes the rights of individuals to be free from unreasonable search and seizure.”

Before, drivers who blew over .08 blood-alcohol content or refused a breathalyzer test faced an immediate 90-day suspension, a $500 fine and a 30-day impounding of their vehicle. They also faced potential criminal charges and had to pay for a device that prevented drunk drivers from starting a vehicle.

The penalties for drivers who blow between .05 and .08 blood-alcohol content remain as they have been since the introduction of the new penalties. The court found that in this circumstance any infringements on Charter rights are reasonable, meaning that despite the same lack of appeal process the penalties are small enough and the greater good of the law important enough that the court upheld the current rules.

Shirley Bond, BC’s solicitor general, said in a press release said that the government will study the decision and change the laws to reflect it. She informed drivers that the penalties for those who blow in the “warn” range will remain the same and that drivers who blow over .08 will still potentially face criminal charges and a 90-day driving ban.

“In the first year since the introduction of the IRP [immediate roadside prohibitions], there has been a 40 per cent reduction in fatalities attributed to impaired driving,” said Bond in the statement. “Clearly, we are going to act quickly to make the fix that is required here to ensure we maintain the success we have had with saving lives in BC.”

The penalties have been controversial since their introduction, especially for restaurant and bar owners who say that the changes have hurt their businesses. The province stands by the laws and reported recently that the new penalties saved 45 lives in the first year since introduction, when compared to the five years previous.

Under the rules, drivers caught with a blood-alcohol level of .05 to .08 face an automatic licence suspension of three days and a $200 fine. If caught twice at this level within a five-year period, offenders will receive a seven-day ban and a $300 fine. If caught three times within five years, drivers face a 30-day ban and a $400 fine.


Trade deadline

With just four playoff spots available this year there were a few more BC Hockey League (BCHL) sellers leading up to the trade deadline on January 10 than in the past.

Second-place Powell River Kings were one of the buyers and used some crafty moves to add some “sandpaper to the lineup,” said Kent Lewis, general manager and head coach.

Kings began by making room on the roster for former Cowichan Valley Capitals’ captain Brendon MacDonald (91) by moving Carter Shinkaruk to Merritt (91) for future considerations. MacDonald was released by the Capitals and immediately snapped up by the Kings.

Jamie Phillips’ (93) playing rights were transferred to Toronto Junior Canadians of the Ontario Junior Hockey League for the playing rights of JP Villeneuve (92). Jonah Imoo (94), holder of a 1.26 GAA and 0.949 save percentage, was called up from Richmond Sockeyes and will back up Sean Maguire.

Kings have also signed Teal Burns (92) from Nanaimo in exchange for Brenden Forbes (92) and Taylor Carmola (92). Burns started his junior career with Victoria and Nanaimo in the BCHL, but left to play with Portland, Vancouver, Prince Albert and Everett in the Western Hockey League. The five-foot 11-inch 190-pound forward brings scoring and grit to the forwards corps of the Kings.

First chance to see the new Kings, in action against Surrey Eagles, is 7:30 pm Friday, January 13, at Hap Parker Arena.