Impairment

Impairment

The most radical change to the Criminal Code of Canada, 1985, in regard to boating concerns the operation of boats by impaired persons.

Section 253 of the Criminal Code of Canada provides:

“Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

1. while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
2. having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.”

The Criminal Code amendments allow officers of the peace who have reasonable grounds to suspect that a boat operator has used alcohol to request that such operator take a breathalyser test, just as they would for a car driver.

Now, there is no distinction between driving a car and driving a boat if the operator is impaired; the offence is the same.  Refusal by a car driver or boat operator to take a breathalyser test is also an offence.

The sentences involved in committing the offence of driving while impaired are the same for boats or cars.  For a first offence, the minimum sentence is $600.  For a second offence, the minimum sentence is 14 days of imprisonment.  For each subsequent offence, the offender may be imprisoned for at least 90 days.

These above convictions reflect minimum sentences.  Whenever bodily harm is involved, the Court is free to impose a sentence of imprisonment of up to 10 years.  If the offence results in the death of another person, the sentence of imprisonment can be as long as imprisonment for life.

In addition to the above sentences, the Courts can prohibit the convicted person from operating a boat for at least three months.  Anyone found operating a boat while under such a suspension is liable to two years of imprisonment.

Although the Courts cannot suspend the operating license of a person found guilty of a boat operation offence, they may and must prohibit such persons from operating a boat for at least three months.

For an offence set out in the Criminal Code providing a minimum sentence of 14 days of imprisonment for a second offence, the two offences need not have been committed in the same circumstances.  In other words, if a person was guilty of driving a boat while impaired and later a vehicle, or vice versa, the second time would be considered a second offence, and the offender would spend at least fourteen days in prison.  Obviously, the same reasoning applies to any subsequent offence.

The offence of “Careless Operation of a Vessel”, has been added to the Small Vessel Regulations.  An operator who is doing any of the following could be charged:

• traveling in a way that could adversely affect the safety of people or property considering the weather, boat traffic, hazards or potential hazards, or the number of people around the boat
• operating a vessel in a careless manner, without consideration for other people or for the factors listed immediately above.

Others have been added to the Criminal Code of Canada:

• operating a vessel dangerously
• operating a vessel when impaired
• towing water skiers improperly
• failing to stop at the scene of an accident
• operating an unseaworthy vessel

Here are a few myths and realities about boating and alcohol (based on the brochure “Water and Alcohol - Myths and Realities” published by the Canadian Red Cross Society).

Myths	Reality
A few beers can’t hurt	Even in small amounts, alcohol affects coordination and judgment A bottle of beer, a glass of wine or a drink of liquor all produce the same effect.
Most drownings result from swimming	More than 60% of drownings occur after the victim accidentally falls off a dock, shoreline or vessel into the water. Autopsies show that more than one-third of the victims of such falls (mostly men) were impaired by alcohol at the time of the accident.
Drinking alcohol while operating a boat is not a serious offence	Operating a boat while intoxicated is just as dangerous as operating a car. The maritime police are equipped with breathalyser. If the results are positive, the police may lay charges.
There’s no harm in drinking alcohol on the beach before swimming	Alcohol affects judgment The person drinking can easily overestimate their abilities or misjudge a risk they would not take under normal circumstances. Furthermore, it is illegal to drink in public places, such as a beach or a dock.
People who stand up in a boat rarely fall overboard	More than one-half of boating accidents occur when occupants are standing. Given that alcohol affects balance, anyone who stands up in a boat after drinking alcohol is more likely to fall overboard. Drinking alcohol also increases urination.