Petition for Stronger Minimum Sentences and Mandatory Driving Prohibitions for Dangerous Driving Causing Death

Purpose of This Petition

We, the undersigned, call upon the Government of Canada to strengthen the Criminal Code provisions governing dangerous driving causing death. We believe that preventable deaths caused by dangerous driving must carry meaningful consequences, particularly when a driver has demonstrated a history of speeding, has been driving at excessive speeds, or has been impaired.

Too many families have suffered the devastating and permanent loss of loved ones because of dangerous decisions made behind the wheel. We believe that stronger sentencing requirements are necessary to promote accountability, deter reckless driving, and protect the public.

Proposed Legislative Changes

We call upon the Government of Canada to amend the Criminal Code to establish the following sentencing requirements for dangerous driving causing death.

1. Mandatory Minimum Sentence of Five Years

A minimum prison sentence of five years should apply when a person is convicted of dangerous driving causing death and at least one of the following aggravating circumstances is proven:

A. History of speeding infractions

The driver has accumulated more than five previous speeding infractions before the fatal incident.

OR

B. Excessive speeding

The driver was travelling at least 30 km/h over the posted speed limit at the time of the incident.

OR

C. Impaired driving

The driver was impaired by alcohol, drugs, or a combination of substances at the time of the fatal incident, as established under applicable law.

These circumstances must operate independently. Only one of the three aggravating circumstances needs to be established to trigger the proposed five-year minimum sentence. The Crown should not be required to prove two or all three circumstances together.

Where multiple aggravating circumstances are present, the court should be able to consider them when determining an appropriate sentence above the minimum.

2. Mandatory 15-Year Driving Prohibition

Where any one of the above aggravating circumstances is proven, the convicted offender should also receive a mandatory driving prohibition of at least 15 years, subject to the applicable statutory framework.

This prohibition is intended to protect the public from drivers whose conduct has resulted in a fatality under circumstances demonstrating a serious disregard for road safety.

3. Recognition of Repeated Dangerous Driving Behaviour

A record of more than five speeding infractions should be recognized as an aggravating circumstance in dangerous driving causing death cases.

Repeated speeding offences can demonstrate a pattern of disregard for traffic laws and public safety. This history should be considered when determining the seriousness of an offence and the appropriate consequences when dangerous driving results in death.

4. Stronger Accountability for Excessive Speed and Impairment

Driving at least 30 km/h over the posted speed limit can substantially increase the danger posed to other road users. Driving while impaired can likewise compromise judgment, reaction time, and the ability to operate a vehicle safely.

When either behaviour contributes to a fatal dangerous-driving offence and the applicable aggravating circumstance is proven, the proposed mandatory sentencing provisions should apply.

Why This Change Is Necessary

The loss of a life caused by dangerous driving has consequences that extend far beyond the courtroom. Families are left to endure grief, trauma, and the permanent absence of someone they love.

Sentencing laws should reflect the seriousness of these offences, recognize the danger posed by repeated violations, and provide a meaningful response when reckless conduct results in death.

We believe that clear and consistent sentencing requirements would:

- Strengthen accountability for fatal dangerous driving.
- Recognize repeated speeding offences as a serious warning sign.
- Address excessive speeding and impaired driving as independent aggravating circumstances.
- Help deter dangerous behaviour on Canadian roads.
- Protect the public by requiring lengthy driving prohibitions.
- Demonstrate that the lives lost to dangerous driving are valued and that preventable road deaths demand serious consequences.

Our Request to the Government of Canada

We respectfully call upon the Government of Canada to:

1. Amend the Criminal Code to establish a five-year minimum prison sentence for dangerous driving causing death when any one of the three specified aggravating circumstances is proven.
2. Establish a mandatory driving prohibition of at least 15 years in those cases.
3. Recognize more than five previous speeding infractions as an independent aggravating circumstance.
4. Establish a threshold of at least 30 km/h over the posted speed limit as an independent aggravating circumstance.
5. Include impaired driving as a third independent aggravating circumstance.
6. Ensure that each aggravating circumstance can independently trigger the proposed sentencing requirements, without requiring the presence of another circumstance.

We recognize the importance of judicial independence and fair trials. We therefore ask that these proposed provisions be developed with appropriate legal safeguards, clear definitions, and consideration of the circumstances of each case.

Conclusion

No sentence can undo the loss of a loved one. However, stronger laws can demonstrate that preventable deaths caused by dangerous driving are taken seriously and that drivers who engage in especially dangerous conduct will face meaningful consequences.

We call upon Parliament to take action to strengthen Canada's laws, improve road safety, and help prevent other families from experiencing the devastation of losing someone they love to dangerous driving.

We ask the Government of Canada to act now to make Canada's roads safer and to ensure that dangerous driving causing death carries consequences proportionate to the seriousness of the crime.