The following is Alasdair Robertson's summary of what happened with Bill C19.  As Chair of the CARS Committee that dealt with Bill C19,  Alasdair's report represents the most inside and accurate view possible.


Hi Everyone,

I wanted to touch base with all of you about where we now are with C-19,
but I didn't want to do so until things had settled a little and we had
more of the final documentation. As you all know by now, C-19 passed
without amendment but with significant observations attached by the
Senators during final passage. The bill has since received royal assent
and is now the law of the land. Presently it will be gazetted to all
Crown Attorneys for their information and use. It is already on the
Justice Department's website. What does not appear there are the notes
which accompany the printed form supplied to the CAs. We are currently
trying to get a copy of this document.

If you did not hear the Minister's remarks to the Committee last
Wednesday, or those made on behalf of motor sport last Thursday and the
subsequent deliberations of the Senators, I want in particular to
highlight some important things:

1. The Minister made a specific statement about legitimate motor sports
including rally. He specifically mentioned Targa Newfoundland as an
example of what they do not intend to legislate via C-19.

2. The Senators, in their observations attached to the bill,
specifically make the same point about legitimate sanctioned motor sport
and quote the Minister to that effect.

3. The Senators also specifically asked (more of an instruction in
Parliamentary terms) that the Justice Department monitor the
implementation of the Bill to assure that it does not impact legitimate
sanctioned motor sports.

4. The Senators on the committee also explicitly discussed what form
this monitoring should take. They did this "on the record" rather than
"in camera." (I've seen the minutes in draft form. Presently they will
be published as well.)

5. The Minister has since issued a press release (see attached) in which
he again states that legitimate motor sports are not the target of C-19.

What does all this mean? In my view, this means we have succeeded well
beyond what we might easily have expected when we began this process. It
is never easy to get a government to clarify its policies on a piece of
legislation once the bill has had first reading. It is even harder if
that bill has been fast-tracked with the agreement of the other parties.
While I would ideally have liked an amendment to C-19, we should feel
very pleased, and more than a little lucky, to have had the kind of
success that we did. We are a legal activity, subject of course to our
own continued good behaviour.

Our success with C-19 could not have happened without a great deal of
effort from several groups and individuals who need to be acknowledged.
First I want to mention the particular support of three of our board
members. Suzanne, Ray, and Clark were towers of strength. Each of them
in their own way played important roles with research, contact building,
and freeing up help from within their regions. We had similar support
through Ross and the organizer's committee. In particular, each of the
Quebec organizers was quick to respond when we expected to appear before
the House committee and offer local information about their Members of
Parliament and to share their contacts. I also want to mention
individual members of our sport who really came through for us, Craig
Hamm and others, especially Terry Dale, at MCO were super. Rich Hepburn
offered us the full support of Rally of the Tall Pines as the closest
rally, Jeff Hagen did research and was quick to help out as were Elise
Racette and Luc Brunette. Andrew Comrie-Picard was a huge help as we
formulated messaging and arguments. Finally, from within rally sport, we
owe a huge debt to Robert Giannou and Don Peckham. Don got us on the
radar with the Minister back in August, and Robert made a very effective
presentation last Thursday. In between they both did anything which was
asked to support the process. We are also in the debt of our friends
within the other motor sports disciplines. CASC-OR, in the person of
Scott Ellsworth, and Charlie Johnstone and John Clagett from the Champ
Car World Series stood up to be counted on this issue when they could
have left us to go it alone. Anything we achieved last week owes a great
deal to the legitimacy and weight they brought to the testimony before
the Senate Committee.

When you have the opportunity, I would recommend that each of you
examine the testimony before the committee, and in particular the
questions raised by the Senators about what steps we take to assure we
are behaving responsibly, and what expectations we place on those who
take part. It highlights, I think, a whole range of issues for us to
address as we go forward in the post C-19 era. This is, however, a
subject for another time.

Best regards,

Alasdair

The following is the government's press release following the passage of Bill C19.


STREET RACING BILL BECOMES LAW
OTTAWA, December 15, 2006 – The Honourable Vic Toews, Q.C., Minister of Justice and Attorney General of Canada, today welcomed the Royal Assent and coming into force of Bill C-19, which will help protect Canada's streets and communities from the threat of street racing.
"People who disregard the safety of our streets must be met with serious consequences," said Minister Toews, "Bill C-19 amends the Criminal Code to create targeted, new offences to specifically combat street racing. This, activity is causing too many tragic and senseless fatalities on Canada's roadways."
These new offences build upon existing Criminal Code offences and provide enhanced maximum penalties of incarceration for the most serous street racing offences. Bill C-19 also creates mandatory minimum periods of driving prohibition for those convicted of street racing. "This is the type of penalty Canadians expect for those who abuse the privilege of operating a motor vehicle and put the lives of innocent people at risk," said Minister Toews.
The length of the driving prohibitions will increase for repeat offenders. In the most serious cases involving repeat street racing offenders, Bill C-19 provides for a mandatory lifetime driving prohibition. This would occur when an offender has at least two street racing convictions which have caused bodily harm or death and at least one of those convictions involves street racing causing death.
"Legitimate motor-sport activities will not be criminalized by Bill C-19," stated Minister Toews. "Races that occur on closed tracks, circuits, streets closed to the public or rallies that are sanctioned by recognised motor sport authorities and conducted in accordance with the law will not be affected by these amendments."
For an online version of the legislation, visit www.parl.gc.ca.
- 30 -
Ref.:
Mark Quinlan
Press Secretary
Office of the Minister of Justice
613-992-4621
Media Relations
Department of Justice
613-957-4207

dtompsett wrote on 12/22/6 at 11:25:55:


Dude, careless driving is never within the law (and never has been), whether it's during an event or not.
If you're entered in any type of road rally, and you can be charged with careless driving, no differently than any other time.

I really like the final statement in their official press release.  Firstly, that means the witnesses who spoke to the senate on our behalf did a great job, and made a big impact.  We all owe a huge thanks to Alasdair, et all.  Secondly, it's now been made completely public that rallies, are not the targets of this law.

So it seems to me (other than the government now being far more aware of us than ever before), nothing has really changed for us.
If you are participating in an event, and are caught speeding, or reckless driving, or whatever, you can certainly be charged with any of those offences.  However, even though you are participating in a "timed event", it is NOT classified as street racing.
Which, of couse, is a VERY good thing.

This posting is to bring people up to speed on what is happening following Bill C19 and to assure everyone that appropriate action is underway.

Alasdair Robertson made a very detailed report to the CARS Board last night about Bill C19.  It included not only the facts of what happened,  but also his observations about the situation that leaves us in and recommendations for future action.  Probably the most significant statement he made was, " We are at the beginning of this issue, not the end."  He sees potential major implications to follow, both politically and in practice.  He sees it as affecting all levels of rally.

The next step is for each of the CARS Region Directors to take it to their Region Boards for discussion and action.

In the meantime things should carry on as normal with everyone (Organizers, Competitors etc) being certain that they are following all rally regulations and procedures very carefully.  Competitors are reminded that at all times they must never break any Highway Traffic Act Regulations while participating in any motorsport event.