Originally Posted by
MrEcks
Any thoughts on how conflicting legislation will affect this issue: On one hand there is Bill C-46 which aims to classify all DUIs as Serious Criminality, and on the other are moves by the provinces to decriminalize DUI altogether.
The provinces don't have the power to "decriminalize" DUIs - The Criminal Code is a federal matter.
What the provinces (like BC) are starting to do, is choosing to not charge many DUIs as criminal offenses and instead charged them as "moving violations," (aka traffic offenses) albeit ones with harsh penalties like large fines, driving suspensions and/or vehicle confiscation - All with a lower threshold (0.5%).
They're doing this to address the enormous costs that come with prosecuting drunk driving - Defendants fight tooth-and-nail (no surprise there) as is their right to prevent a criminal record and going to jail.
So it's true that you may get into a weird situation where non-Canadians charged with a DUI are treated more harshly than Canadians with a similar charge.