Impaired Driving Consequences – Territorial and Federal
Julius Debuschewitz – Though utilized regularly, many people do not understand what the Yukon Driver Control Board (DCB) is and what its functions are. This presentation explains the role of the Driver Control Board, where the board’s clients come from, what sanctions the board can issue, and how the board arrives at its decisions.
Kelly McGill – There are numerous ways to sanction a person’s driving privileges under the Motor Vehicles Act, both pre- and post-conviction. Some of these sanctions arise automatically upon conviction for a criminal offence. The presentation will explain how the Motor Vehicles Act operates in this area so that counsel can avoid unexpected and unintended consequences in handling these matters.
Leo Lane – Intersections between Criminal Code impaired driving laws and territorial legislation are numerous and sometimes overlooked. The presentation will explain what a criminal charge or conviction can mean for an offender’s driving privileges. Topics include: when Criminal Code driving prohibitions can and must be imposed, how they are calculated, what they prohibit, and what happens if they are breached.
Julius Debuschewitz, is now retired from a government career in transportation safety and enforcement that spanned 41 years in Alberta and the Yukon. During that time, he served on numerous national and international committees, including the Canadian Council of Motor Transport Administrators and the Canadian Education Quality Assurance Team. He also worked closely with the Commercial Vehicle Safety Alliance, which is comprised of law enforcement and industry representatives from Mexico, the United States of America and Canada. He was only the fifth Canadian and the first Yukoner to be elected International Officer and served as the Alliance’s president from 2016-2017.
Julius has had numerous articles published in national and international publications. He has instructed in Canada and the United States of America and was Yukon’s acting chief coroner from 2004 to 2014 on a part-time basis. He is currently serving a three-year term as chair of the Driver Control Board in the Yukon.
Kelly McGill was called to the bar in 2013. She spent three years at a private law firm where she had a general litigation practice focusing on family law. In 2015, Kelly joined the Yukon Department of Justice, Litigation Group as legal counsel. In this role, Kelly is part of a small team of lawyers that conduct prosecutions for regulatory violations under territorial statutes, including the Motor Vehicles Act. Kelly also acts as counsel to the registrar of motor vehicles.
Powerpoint Presentation: Driving Sanctions
Leo Lane has been a prosecutor since 2008. He spent his first five years in the Nunavut office of the Public Prosecution Service of Canada and then transferred to the Yukon in 2013. Leo helped train fellow prosecutors and RCMP officers on the sweeping revisions to the driving sections of the Criminal Code in 2018. Since then, he has increasingly focused his practice on impaired driving prosecutions and appeals. Leo has been trained to operate breath and oral fluid testing devices such as the Intox EC/IR II, the Alco-Sensor FST and the Abbott SoToxa.
Powerpoint Presentation: CC Driving prohibitions