JUDGE CALLS FOR CHANGES TO YOUNG-DRIVER LAWS

Young Offender Gets Six Months In Jail For Crash That Killed Two Teen
Passengers

SURREY - Calls for laws to prevent more deaths of teen drivers and their
passengers were made at an emotionally charged Surrey court session Monday,
where people struggled to come to grips with the loss of two teenaged boys.

A provincial-court judge, a Crown prosecutor and the mother of one of the
deceased boys called for changes to laws dealing with young drivers behind
the wheels of high-powered autos, and more effective ways of preventing
people from driving while impaired by marijuana.

Provincial-court Judge William MacDonald sentenced a young offender to six
months in custody and a six-year prohibition from driving for two counts of
dangerous driving causing death and one count of dangerous driving causing
injuries. The judge also used the sad occasion to suggest to provincial
lawmakers it might be time to consider banning young drivers from operating
high-powered, muscle cars.

"Perhaps the legislators should consider whether young drivers should be
allowed to drive motor vehicles with large amounts of horsepower,"
MacDonald said after he sentenced the young man, who cannot be identified
because he was 16 at the time of the April 2002 crash of his Ford Mustang.

MacDonald also sentenced the young driver to two years' probation, ordered
him to take counselling, observe a curfew from 10 p.m. to 6 a.m. until his
probation is over and to participate in a restorative justice session with
any of the victims' families who chose to participate.

Simon Featherston and Dayton Unger, both 16, died April 4, 2002, when the
driver of the car they were in lost control while travelling at a speed
estimated between 100 and 140 km/h while passing another vehicle on 264th
Street in Langley. The driver had only had his licence for a few months.

He was also charged with three counts of driving while impaired by
marijuana, but was acquitted of those charges.

A blood sample taken after the crash revealed the driver had a high level
of THC, the active ingredient in marijuana. Expert testimony was heard at
the trial that the level of 144 micrograms per litre of blood would be
difficult to explain, because the THC found in marijuana smoke is believed
to rise and fall rapidly after smoking.

Experts said the accused would have had to have smoked after the crash, but
before the test was taken. The judge found that explanation unlikely.

Simon Featherston's mother, Helen, made an impassioned plea for the federal
Liberal government push forward with changes to marijuana prohibition laws
making it easier to charge motor vehicle drivers impaired by its use.

"I have just one statement to make. I hope that this tragedy promotes the
current legislation, that driving while impaired by drugs, that it is not
acceptable, that it needs to be treated the same as alcohol," she said.

"Impaired is impaired, that is all there is to it," she said before turning
and walking away to waiting family members and friends.

Prime Minister Paul Martin's Liberal government re-introduced a bill
earlier this month that died when the federal election was called after it
had been introduced by the government of former prime minister Jean Chretien.

The law would impose a fine of $600 for failing to comply with a number of
roadside tests and a possible police station investigation that would
include giving samples of saliva and blood.

The maximum penalty for drug-impaired driving would be five years
incarceration, and the maximum penalty for drug-impaired driving causing
death would be life in prison.

Crown counsel Winston Sayson also had a message for legislators.

He suggested the judge's call for legislators to examine legislation
banning young drivers from operating powerful cars is timely.

"We as a community must do some collective soul-searching and examine our
society's fascination and fixation with fast and fancy cars," Sayson said.

"We do not want these kinds of cases to happen again and again. Our young
people's lives are too precious," Sayson said.

Al Hoem, the young offender's lawyer, agreed with the sentence
recommendations made by the Crown. He told the court his client was
remorseful, but had followed his legal advice not to say anything about the
case until it was concluded.

He said the youth also suffered from the sudden death of his mother on his
15th birthday in addition to dealing with a learning disorder.