Ontario to suspend driving licences of convicted auto thieves
Doug Ford government proposes 10-year licence suspension for 1st offence, lifetime for 3rd offence
Premier Doug Ford's government will try to combat record rates of auto theft in Ontario by slapping lengthy driver's licence suspensions on people convicted of the crime.
The government will introduce legislation to suspend the driving licences of convicted auto thieves when "aggravating factors" such as violence, threats or the use of a weapon are involved, or when vehicles are stolen for the financial gain of organized crime.
"Driving is a privilege, not a right. If you're shameful enough to prey on other members of the community for your own reckless gain, you'll lose that privilege," Transportation Minister Prabmeet Sarkaria said Tuesday.
Once the legislation takes effect, anyone convicted of motor vehicle theft under the Criminal Code could face a 10-year licence suspension for a first offence, a 15-year licence suspension for a second offence and a lifetime licence suspension for a third offence.
Sarkaria made the announcement alongside Solicitor General Michael Kerzner at an Ontario Provincial Police detachment just off Highway 401 in Toronto.
The legislation will be tabled Thursday and it is certain to pass given the large Progressive Conservative majority at Queen's Park.
"It is unacceptable that people are being forced out of their vehicles at gunpoint and forced to look over their shoulders while pumping gas or pulling into driveways," Sarkaria added.
Sarkaria said the government is "very confident" the suspensions could survive a legal challenge. But Toronto criminal defence lawyer Stephen Hebscher questioned the constitutionality of the proposed changes.
"The proposed licence suspensions may be unconstitutional, as they may constitute legislation in relation to criminal law, which is the sole jurisdiction of Parliament," said Hebscher, who practices with The Criminal Law Team in North York.
Hebscher said that, in his opinion, "there would have to be a link between the auto theft and highway safety" for the legislation to be constitutional under the division of powers between the provinces and federal government.
He added the threat of licence suspensions may be ineffective in reducing auto thefts.
"Studies have continually found that it is the likelihood of getting caught, and not the severity of the punishment, that is a deterrent to someone committing a crime," Hebscher said.
The legislation would also introduce stiffer penalties for those convicted of stunt driving, defined in part as travelling more than 50 km/h above a posted speed limit. A first offence would result in a one-year licence suspension, three years for a second and a lifetime suspension — reducible under certain conditions — for a third conviction.
"In the simplest of terms, speed kills. All too often we see drivers disobey the speed limits across the province and this is unacceptable, especially for the diligent drivers that follow the law," Kerzner said.
Record rate of auto theft in Ontario: police
The OPP says organized crime targeting luxury vehicles to sell outside of Canada is driving an unprecedented rate of auto theft in Ontario.
Last year was the first ever that auto theft claims in the province exceeded $1 billion, according to insurance companies. Early indications for 2024 suggest the pace of theft has not slowed down — the OPP said nearly 3,000 vehicles were reported stolen during a seven-week stretch earlier this year.
The Ford government pledged $51 million over three years for the creation of a new organized crime and auto theft task force led by the OPP, as well as for a major auto theft prosecution team.
Toronto police Chief Myron Demkiw said in March that 12,000 vehicles were stolen in the city in 2023, which amounts to one theft roughly every 40 minutes. The city has also seen a 78 per cent rise in violent carjackings over the last three years, according to provincial data.
Meanwhile, York Regional Police reported an 82 per cent increase in auto theft the first six months of 2023 compared with the same time period the previous year.
Prime Minister Justin Trudeau convened a national auto theft summit in February, and suggested his government is considering tougher penalties to combat the crime, but has not announced any sentencing changes.
Kerzner said Ontario called on the federal government to introduce mandatory minimum sentences for auto theft and to increase inspections of containers at rail yards — the Port of Montreal, in particular.
Organized crime groups often ship vehicles stolen in Ontario to destination markets in Africa and the Middle East.
In January, CBC News reported the story of a Toronto man who tracked his stolen luxury SUV to the United Arab Emirates, while an earlier Marketplace investigation found a different Toronto man's vehicle in West Africa.
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With files from Lucas Powers