Zero Tolerance Makes Zero Sense
Kevin Wiener is a young driver. But instead of focusing his attention on motoring these days, the 20-year-old is headed to the courtroom where he hopes to stall Ontario's recently-imposed zero-tolerance drinking and driving law against drivers under the age of 22.
Earlier this month, Wiener filed an application in Ontario Superior Court of Justice challenging the lamebrain legislation that came into effect on the Simcoe Day weekend.
"I don't drink and drive and I am affected by this legislation," the university student said outside Queen's Park. "This is discriminatory to young people because we are the ones being targeted. The law is based on age rather than experience. The law has to be applied to all drivers [regardless] of age."
As it stands now in the Nanny State - er, Province - of Ontario, the new legislation makes it an offence for any driver under the age of 22, regardless of licence class, to have any amount of alcohol in the blood. Now, if a 16-21-year-old blows even 0.01%, he faces an impaired driving charge.
Wiener alleges such provisions violate Section 15 of the Canadian Charter of Rights and Freedoms, which makes it unconstitutional for the government to discriminate based on age. The motion is scheduled to be heard in November.
For what its worth, we wish Wiener well in his fight against the province's ageist legislation.
Let's be brutally honest here: this ill-conceived tough-on-youth driving legislation was strongly encouraged by Tim Mulcahy, whose 20-year-old son Tyler was killed in a 2008 car crash after he spent the afternoon drinking to excess at a restaurant in Port Carling. Tyler and two of his friends died when his high-powered Audi veered into a river. Tyler, by the way, was in danger of losing his driver's licence due to several traffic charges at the time.
Yet, after his son was killed, the well-heeled Mulcahy took out full-page newspaper ads urging Ontario to tighten rules for young drivers. And apparently in Ontario, money talks and common sense walks - at least when it pertains to Premier Dalton McGuinty.
So, thanks to the grossly irresponsible actions of a young person from a wealthy family, now all young people in Ontario will pay a price - regardless of their level of maturity or responsibility.
Of course, this isn't the first fiasco spawned by this government when it comes to young drivers. Two years ago, Premier Dad wanted to make it illegal for drivers under the age of 21 to have more than one teenaged passenger with them. The Preem quickly backed down when someone explained to him that kids, especially in rural Ontario, tend to carpool as a matter of necessity. Thus, limiting a driver under the age of 21 to only one comparably-aged passenger would make it illegal for a responsible 20-year-old to be a designated driver. Duh!
It's enough to drive one to drink. But in the meantime, let's hope Wiener is successful in his attempts to get this piece of despicable and draconian legislation overturned.
