The Ontario government is exploring the idea of making impaired drivers pay ongoing child support if they kill a child’s parent or guardian.
Speaking during Question Period Tuesday, Attorney General Doug Downey said the loss of a parent can have far-reaching consequences for minor dependents, both emotionally and financially.
The new law would apply to impaired drivers, whether they were under the influence of alcohol or other substances.
Windsor defence lawyer Bobby Russon told AM800's The Shift with Patty Handysides that he wasn't against the idea and said he thinks it has elements of restorative justice.
Russon did note that the way the legislation is currently written, someone whose parents are killed by a person with little money would get less than someone who had more money.
"I would hope the implementation looks more like if you killed someone in an impaired driving accident, are you to pay into an ongoing fund for long-term child support that gets distributed evenly amongst survivors. It would make a little more sense to me," he said.
The government says the legislation could be similar to a 2023 Texas law that requires impaired drivers convicted of "intoxication manslaughter" to pay child support until a child turns 18 or graduates high school if their parent or guardian is killed by an impaired driver.
Last year the province introduced a lifetime licence suspension for anyone convicted of impaired driving causing death under the Criminal Code.
Russon said given that a ride is at your finger tips at all times, there is no excuse to drive impaired.
"It's been proven time and time again to be so dangerous. And just motivate yourself out of selfishness here. The cost of an impaired driving conviction is in the range of $20,000 to $30,000 when you factor in the fees you're going to pay, the expenses you're going to have in getting back on track, the breathalyzers built in your car, legal fees, missed work days," said Russon.
Russon said one thing that has always bothered him is that a majority of a settlement usually goes to a faceless insurance company.
"This idea that some of the serious financial punishment that people receive when they drive impaired going to victims of crime, I mean, I have to be for that, at least in principal," he said.
According to the province, there were 182 deaths caused by impaired driving on Ontario roads in 2021, including 96 drinking and driving deaths and 86 that were due to drugs.
-With files from CP24's Joshua Freeman