Changes to the Law in 2009 to Remember in 2010

Jan 14, 2010

By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

The law is always changing. Each year brings an almost unbelievable onslaught of new legislation, amendments to existing legislation and supporting regulations and, of course, new interpretations of the law by our Courts. Lawyers are supposed to keep up with it all and, believe it or not, so are you. One of the sacred rules of our legal system is that “ignorance of the law is no excuse”.

Of course, the reality is that nobody can really keep up with all the changes, but you are expected to know about the law as it might affect your daily life.

So what happened in 2009 that might affect you?

If you like to talk and drive you should be aware that as of October 26, 2009 the “Countering Distracted Driving and Promoting Green Transportation Act, 2009” made it illegal for drivers on Ontario roads to talk, text, type, dial or email using hand-held cell phones and other hand-held communication and entertainment devices. The only exceptions to this rule are for police, firefighters and paramedics using them in the course of their duties and for individuals calling 911. As of February 1, 2010 if you are caught texting, emailing or talking on a hand-held cell phone while driving you could face a fine of up to $500.

On the other hand, if you are inclined to indulge in “one for the road” you should bear in mind changes made to Ontario’s Highway Traffic Act in 2009 that allow police to impose a roadside licence suspension on drivers caught with a blood alcohol concentration (BAC) of 0.5 to 0.8 (known as the “warn range”). For a first BAC occurrence of 0.5 to 0.8 police can immediately suspend a driver’s licence for three days; upon a second incident for seven days; and for a third or subsequent occurrence, 30 days.

Such roadside licence suspensions cannot be appealed and take effect immediately. As a result, unless you are traveling with a sober passenger who is licenced and fit to drive, you may find yourself having to abandon your vehicle at the roadside. If the police arrange for it to be towed, it will be at your expense.

Then again, if the police find that your blood alcohol level is over 0.8, you will be charged with a criminal offence. If convicted, your driver’s licence will be suspended for a year in addition to other penalties, including a criminal record. Perhaps 2010 will be the year when even more people decide not to drink and drive!

You will also want to think twice before lighting up if you are driving with a young person under the age of 16 in your vehicle. In 2009 as part of the province’s Smoke Free Ontario initiative, the “Smoke-Free Ontario Act” was introduced, giving police the power to stop you if you are suspected of smoking with a young person in the car. The officer doesn’t have to prove the age of the young person to support a conviction, so long as he or she “honestly and reasonably” believed that the young person in the car was less than 16 years old. Upon conviction anticipate a fine of up to $250.

Saying sorry for a mistake or wrongdoing also became easier in 2009 with Ontario’s enactment of “The Apology Act”. This change to the law allows someone to apologize for a mishap such as a motor vehicle accident, or perhaps a medical error, without fear that it will be seen as an admission of wrongdoing that can later be used against them in a lawsuit.

Prior to this change, lawyers would routinely counsel their apparently erring clients not to apologize for fear of attracting liability, while lawyers for the aggrieved party would often find themselves instructed to sue because the absence of any expression of sympathy or regret simply inflamed the situation. With the enactment of this legislation the government hopes that by making it easier to say “I’m sorry”, costly litigation will either be avoided, or settled more quickly. Saying sorry will not however, excuse criminal liability. There are exceptions to every rule.

In this column it is only possible to touch on a few of the many changes to our laws that took place in 2009. If you would like more information about how the law affects you, please give us a call.

And to all: Best Wishes for 2010,

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.