IMO, this post is very inappropriate for this thread. You are essentially condoning drinking and driving because of the reason you stated above, giving him a "free pass"
Not everywhere, in Alberta (and I think BC also), it's 0.05
Criminal Code of Canada
Operation while impaired
253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
The legal limit in Canada is .08, or 80 mg%, Pavs had .20 or 200 mg%.
According to this he would have been "very drunk".
Correct. Pavelec also scored the double of the limit (0.1) that separates "DUI misdemeanor" vs. "DUI crime" in the Czech Republic. The DUI crime (everything above 0.1) can be punished by jail (sentence up to 1 year).
For the poster from Finland: Americans and Canadians divide "European" limits by 10. So, Pavelec indeed had 2.0 using the "Finnish" scales.
253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Provincial Law Superceeds Federal when not on federal land I believe. Every province has it's own limit, some are similar to others, but that is what they go by out here; the provincial legislation.
with two per mille of alcohol you are far away from "totally drunk" but we have 0 tolerance so ofc he shouldn't drive ...
Free Press translated that to .20, or to put it into the langauge i the Criminal Code, 200 mg alcohol per 100 mL of blood.
200 is pretty damn high. As someone pointed out, its 2.5x the Canadian legal limit. I once had an opportunity to drink and use a breathalyzer. My highest reading was 167 - I then promptly went and passed out.
Since he has been convicted (unlike Buf, who is awaiting trial) I'm a little disappointed the Jets wouldn't comment on this.
Provincial Law Superceeds Federal when not on federal land I believe. Every province has it's own limit, some are similar to others, but that is what they go by out here; the provincial legislation.
No. Provincial law does not supercede federal law.
Provinces and Feds have different areas of responsibility (see s. 91 and s. 92 of the Constitution). Provinces can regulate highways, but only the Feds can legislate criminal law. Occasionally, as here, there is overlap and as such you can be charged under both Federal (criminal) law, and provincial law.
No. Provincial law does not supercede federal law.
Provinces and Feds have different areas of responsibility (see s. 91 and s. 92 of the Constitution). Provinces can regulate highways, but only the Feds can legislate criminal law. Occasionally, as here, there is overlap and as such you can be charged under both Federal (criminal) law, and provincial law.
I guess I'm wrong then, but the limit out here is 0.05. They made a big stink about it because the PROVINCIAL GOVERNMENT decided to lower the limit, which just came into effect July 1st of this year.
Maybe I'm missing something in the translation of what other are trying to communicate.
Some provinces have lower levels as part of provincial legislation - but violating those only gets you a ticket.
Manitoba suspends your license if you're at or over .05 but below .08. 24 hours for the first offense, ramping up to 60 days for the 4th (or more) offense.
I guess I'm wrong then, but the limit out here is 0.05. They made a big stink about it because the PROVINCIAL GOVERNMENT decided to lower the limit, which just came into effect July 1st of this year.
Maybe I'm missing something in the translation of what other are trying to communicate.
Perhaps.
Yes, there is a provincial law with a limit of 50. There is ALSO a federal law with a limit of 80. If you blow over 50 you get an automatic 3 day license suspension / vehicle impoundment. If you blow over 80 you face a minimum $1000 fine, and get your license suspended for a year or more.
The provincial legislation takes place immediately - you lose your license on the spot. But as a result it isn't all THAT serious.
The criminal charge makes you go to court later on - but the penalty is much, much more severe.
And in case you didn't know, I am an Alberta lawyer...
I guess I'm wrong then, but the limit out here is 0.05. They made a big stink about it because the PROVINCIAL GOVERNMENT decided to lower the limit, which just came into effect July 1st of this year.
Maybe I'm missing something in the translation of what other are trying to communicate.
I'm not sure if you're in Alberta or Manitoba but here is the info from the Alberta Government Web site. It is like Yukon Joe said, for Manitoba, over. 05 results in licence suspension but not criminal charges.
Starting September 1, 2012
For drivers with Blood Alcohol .05 to .08:
Yes, there is a provincial law with a limit of 50. There is ALSO a federal law with a limit of 80. If you blow over 50 you get an automatic 3 day license suspension / vehicle impoundment. If you blow over 80 you face a minimum $1000 fine, and get your license suspended for a year or more.
The provincial legislation takes place immediately - you lose your license on the spot. But as a result it isn't all THAT serious.
The criminal charge makes you go to court later on - but the penalty is much, much more severe.
And in case you didn't know, I am an Alberta lawyer...
No, I know you are a lawyer, and I thank you for explaining it to me. But people that I know aren't aware of the additional Federal laws that may accompany any sentances. They are only aware of Provincial laws. No one talks about the 0.08 Federal limit; only the 0.05 Provincial limit. In my world, anything over 0.05, be it Provincial or Federal, and you are screwed.
IF they are going to imply they had no prior knowledge of this prior to signing him, I'm going to have to call BS on that one. IF that is what they will say.
go Pavs go
