‘Open for discussion’: Ford government reviews DUI downgrading policy

Ontario’s attorney general is revisiting a pandemic policy that allowed Crown prosecutors to reduce thousands of drunk driving charges as the province grappled with a massive backlog of criminal cases.

Global News revealed that the Ford government issued an order during the pandemic for Crown prosecutors to consider dropping drink-driving charges in less serious cases in exchange for guilty pleas to careless driving to ease the burden on district courts.

The offer would spare the accused drunk driver from past punishment by subjecting him to license suspension and fines under the Road Traffic Act, and would also force him to install an interlock device to prevent him from driving while intoxicated.

Although these rules were first introduced during the height of the Covid-19 pandemic, the Ministry of the Attorney General initially argued that they were still needed to deal with the impact of delays.

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“The policy implemented prioritises the prosecution of serious crimes such as gun crimes and sexual assault, thereby reducing the likelihood that prosecutions in such egregious cases will be discontinued due to delay,” a spokesperson for the Attorney General told Global News when initially asked him about the rules in January.

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But on Friday, in an interview with Global News, Attorney General Doug Downey changed his mind.

“It wasn’t a lasting change,” Downey said. “This was a pandemic-related change… to make sure we catch up.”

But Downey says the province is “assessing the backlog” with groups representing police chiefs, police associations, the court system and the chief justice to evaluate the policy.

“This is an issue open to discussion,” Downey said. “It’s a live discussion.”

The province is facing growing calls to abandon the policy

Premier Doug Ford outlined his position on drunk driving charges at a press conference on alcohol on Friday.

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“There is zero tolerance for drinking and driving,” Ford announced as the government loosened access to alcohol.

While the premier’s statements stand in stark contrast to his government’s actions, his views are consistent with critics who have called on the province to abandon the policy.

NDP MPP Kristyn Wong-Tam believes this policy amounts to a “slap in the hand” and wants it eliminated.

“I believe this policy should be repealed because it was introduced during the Covid-19 pandemic,” Wong-Tam said. “Clearly we don’t live in those times anymore.”

Wong-Tam also questioned the government’s justification for the policy.

“Last year in Ontario, we saw that over 1,300 sexual assault cases were dismissed last year due to a mistrial,” Wong-Tam said, pointing to data obtained by the NDP.

“(They) are reducing criminal charges for drinking and driving and say it is because they want the system to work effectively. Well, that didn’t happen.”

While Downey would not commit to rolling back the policy, he said discussions with interested parties would begin next week.

However, Downey did not provide Global News with a timeline for when a decision will be made.