Bill C-440 - Penalties Under the Criminal Code

- Use of Motor Vehicle to Evade Police

The Strategic Policies and Priorities Committee recommends the adoption of the following motion by Councillor Norman Gardner, North York Centre and Councillor Brad Duguid, Scarborough City Centre:

Moved by: Councillor Norman Gardner

Seconded by:Councillor Brad Duguid

Whereas motor vehicles are increasingly being used to evade police and pose a threat to public safety and place police officers and members of the public at risk, as evidenced by the growing number of incidents in the Greater Toronto Area which have caused injuries and killed innocent bystanders;

Whereas earlier this year, the Provincial Government, through the Solicitor General, released the Suspect Apprehension Pursuits Report which recommended that amendments be made through the Highway Traffic Act to allow for tougher penalties for motorists who flee police, as well as tighter supervision of chases and more thought to alternatives to motor vehicle chases;

Whereas until now, the Provincial Solicitor General has not yet implemented the recommendations contained within this report, and those who commit such acts are seldom prosecuted as there is currently no provision in the Criminal Code for evading police and for causing injury or death to others in the process;

Whereas considerable amount of effort has already gone to address the issue of how police should handle chases, and that tougher amendments to the Highway Traffic Act and other laws will not completely prevent persons from using vehicles for the sole purpose of evading police;

Whereas City of Toronto Council previously adopted the motion to call upon the Federal Government to introduce legislation to provide for applicable amendments to the Criminal Code of Canada "to give effect to an indictable offence provision, with attendant penalties, for unlawful flight from police;

Whereas it is important that our laws not diminish such reckless action and disregard for the lives of innocent bystanders and police officers, but also have value as a deterrent and failing this, provide appropriate penalty;

Whereas Bill C-440, a Private Members' Bill sponsored by Dan McTeague, M.P., has been selected for Second Reading in the House of Commons, and provides a specific provision within the criminal code, along with severe penalties for any individual who commits the act of using a motor vehicle to evade police is guilty of an indictable offence and is liable to imprisonment for a term not exceeding two years, and imprisonment for a term not exceeding ten years when injury is caused and imprisonment for life when death is caused;

Therefore Be It Resolved that the City of Toronto communicate to the Federal Justice Minister its support of Bill C-440 and its intent, and request the Minister to support and preferably to immediately introduce strong legislation in the spirit of Bill C-440 which would provide stiff and consecutive penalties and sentencing for all indictable offences under the Criminal Code of Canada for any individual who operates a motor vehicle for the purpose of evading a peace officer in the performance of his duties;

Be It Further Resolved that the City of Toronto communicate its support of this resolution to the Association of Municipalities (Ontario), and the Federation of Canadian Municipalities with a request that this resolution be adopted by these organizations and its members.

The Strategic Policies and Priorities Committee also submits the following communication (April 6, 1999) from Councillor Brad Duguid, Scarborough City Centre:

Attached please find some background material relevant to the Motion by Councillor Gardner and myself.

This material includes:

(1)a copy of my motion passed by Council last fall calling on the Federal Government to make vehicular flight from police a Criminal Code offence with strong penalties and calling on the Province to amend the Highway Traffic Act to strengthen the penalties for vehicular flight from police;

(2)copies of letters which I sent in October to the Federal Minister of Justice and the Provincial Minister of Transportation urging a strengthening of the Highway Traffic Act as it relates to vehicular flight from police and the creation of Criminal Code Offence for vehicular flight from police;

(3)the response from the Minister of Justice regarding my original request to amend the Criminal Code to make vehicular flight from police a Criminal Offence.

The motion before you today endorses a Private Members Bill that would accomplish the Council's previously expressed and approved objectives. Your support for this motion would be appreciated.

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(The background material referred to in the foregoing communication was forwarded to all Members of Council with the April 7, 1999, agenda of the Strategic Policies and Priorities Committee and copies thereof are also on file in the office of the City Clerk).