Impaired boating

Unread post by: **ditchMD** on

Impaired boating

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Unread post by: ditchMD on
Fri Mar 27, 2009 2:29 pm

I don't recall seeing this anywhere on the board, so if it's a repeat, I appologize. As most of us know (or at least ought to know), that the Criminal Code allows an impaired boating charge to be treated in the same manner as if one were driving. Interrestingly, the wording was originally "motorized vessel", but is now simply "vessel".

I did some research but could not find any example of people in canoes, kayaks or paddleboats being charged with DUI/Impaired. Maybe someone (I'm looking your way hwybear

can shed some light on this to satisfy my curiosity.

Last edited by ditchMD on Sat Mar 28, 2009 7:12 am, edited 1 time in total.

Unread post by: **FiReSTaRT** on

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Unread post by: FiReSTaRT on
Fri Mar 27, 2009 3:47 pm

I'm pretty sure you could get charged with impaired. What if you're in a kayak with a kid and you're drunk, you capsize it and the kid drowns?

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.

Unread post by: **Squishy** on

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Unread post by: Squishy on
Fri Mar 27, 2009 4:52 pm

It's not actually the HTA that allows it. "Impaired" is part of the Criminal Code.

Here's the wording of the section:

253. (1) 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 persons 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 persons blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

Here's the definition of 'vessel':

"vessel" includes a machine designed to derive support in the atmosphere primarily from reactions against the earths surface of air expelled from the machine.

Unread post by: **hwybear** on

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Unread post by: hwybear on
Fri Mar 27, 2009 7:36 pm

Pretty sure it has not been mentioned as boating stuff is not governed by the HTA.

Boating is governed by the Criminal Code and a few boating acts. I am not a marine operator, so I have no clue what the acts are or what they are called.

I will have to ask one of the marine operators.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca

Unread post by: **Radar Identified** on

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Unread post by: Radar Identified on
Fri Mar 27, 2009 10:37 pm

FiReSTaRT wrote:What if you're in a kayak with a kid and you're drunk, you capsize it and the kid drowns?

I think you could get charged with criminal negligence causing death.

Unread post by: **ditchMD** on

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Unread post by: ditchMD on
Sat Mar 28, 2009 7:11 am

My mistake about HTA vs. Criminal Code. As much as one shouldn't be near water when drunk, many have that 'one or two beer' while canoeing or fishing from a human powered vessel. Do you guys think that a charge of impaired is appropriate or excessive if someone has a drink (inebriated or not) in a human powered vessel (regardless of any other potential charges)?

Thanks for looking into it hwybear!!

Unread post by: **Squishy** on

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Unread post by: Squishy on
Sat Mar 28, 2009 7:25 am

Under the Liquor License Act, you can't even have open alcohol on board a boat unless there are permanent sleeping and cooking facilities on board. I'll dig up the relevant sections and definitions.

Last edited by Squishy on Sat Mar 28, 2009 7:38 am, edited 1 time in total.

Unread post by: **Squishy** on

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Unread post by: Squishy on
Sat Mar 28, 2009 7:36 am

There's quite a bit that applies, so I'll provide a link instead:
http://www.e-laws.gov.on.ca/html/statut ... .htm#s31s1

Sections 31 and 32 are the relevant sections.

'Private place' is defined under s. 3 of REG. 718.
http://www.e-laws.gov.on.ca/html/regs/e ... 0718_e.htm

Open alcohol is only allowed on boats with eating and sleeping areas if the boat is docked.

As for whether alcohol should be banned on boats in open water, I think so. Lots of people get into trouble on Simcoe here, many while drunk. We recently sank one of our rescue boats trying to save one of them.

EDIT: The case that sank our boat resulted in charges under the Liquor License Act.

http://www.thestar.com/News/Ontario/article/421525

Unread post by: **Bookm** on

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Unread post by: Bookm on
Mon Mar 30, 2009 8:17 am

I used to just grab a paddle and go. Now I have a complete boat-kit (safety stuff) on board. Not sure how I ever managed without it

Now if I ever get my 6-pack taken away (and fined), I QUIT! I'll just take up TV as my weekend hobby, LOL.

Unread post by: **Squishy** on

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Unread post by: Squishy on
Mon Mar 30, 2009 9:56 am

If everyone could just be responsible we wouldn't need all these nanny laws.

Maybe if first responders were allowed to dunk the drunks back in the water as bait for some monster pike.

Unread post by: **ticketcombat** on

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Unread post by: ticketcombat on
Mon Mar 30, 2009 5:53 pm

Bookm wrote:Now if I ever get my 6-pack taken away (and fined), I QUIT! I'll just take up TV as my weekend hobby, LOL.

Watching it or appearing on it? Or did you mean you'll replace the 6-pack with a flat screen on the kayak? Just be careful, the ducks might trip on the extension cord.

Fight Your Ticket!

Unread post by: **hwybear** on

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Unread post by: hwybear on
Mon Mar 30, 2009 8:15 pm

Squishy wrote:If everyone could just be responsible we wouldn't need all these nanny laws

hey....there would go my job security

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca

Unread post by: **Bookm** on

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Unread post by: Bookm on
Tue Mar 31, 2009 8:16 am

Squishy wrote:If everyone could just be responsible we wouldn't need all these nanny laws.

We used to call those people NERDS! LOL (oh how times have changed, hehe)

Unread post by: **Squishy** on

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Unread post by: Squishy on
Tue Mar 31, 2009 9:35 am

NERDS are allergic to the sun. You'll never find one on a boat, much less drinking on one.

Unread post by: **racer** on

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Unread post by: racer on
Tue Mar 31, 2009 10:41 am

Squishy wrote:NERDS are allergic to the sun. You'll never find one on a boat, much less drinking on one.

I thought UWaterloo engineers were also allergic to the sun given how much time they spend in the basement of Rod Coutts Hall, or in the confines of CPH!

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