York Region pulls ads after group gets MADD
Drunk driving notices anger organization

Dec 22, 2005

Martin Derbyshire, Staff Writer


York Region Transit has been offering two ways to avoid a drunk driving conviction: get on the bus or call the number on the back.
But this week, under pressure from the local chapter of Mothers Against Drunk Driving (MADD) Canada, the transit company promised to pull a series of bus advertisements paid for by a law firm offering to defend people charged with impaired driving.

The ads, for an outfit dubbed The Impaired Driving Office -- a referral service for criminal defence lawyers interested in taking on impaired driving cases -- had been placed on the back of six different buses across York.

However, the York Region Chapter of MADD Canada complained the ad's message promotes drinking and driving by claiming a lawyer can help you get away with it.

The group also says ads of that nature should not appear on public transit vehicles.

"We've gotten quite a few calls and e-mails from people who are pretty appalled that a bus, something that is supposed to offer a safe alternative to drinking and driving, would have that on its back," said Margaret Williams, MADD Canada York Region chapter president.

Driving behind a bus near her home in Richmond Hill, now retired director of Canadian Centre for Ethics and Corporate Policy Elizabeth Loweth was one of many people who couldn't help but notice the ads and be upset by what they stand for.

"When the police department is saying, 'Don't drink and drive' and the city, on the back of regionally owned buses, is saying something else, it just doesn't make any sense," she said.

"What if they ad said, 'If you're abusing your wife, we can get you off' or 'If you're molesting children, call this number?'"

"How far do we go? Robbed a bank?, call this number. Murder your neighbour lately? Call us."

But the ads and the service were never designed to make drinking and driving an option or to promote it, Vancouver lawyer and owner of The Impaired Driving Office Mark McCook said.

"We don't encourage drinking and driving. All we are saying is that if you have been charged with impaired driving, you are entitled to representation. Come and see a lawyer and see if you have a defence," he said.

"The penalties for drinking and driving-related charges are severe and you should see if you have a defence before you just go ahead and plead guilty."

The Impaired Driving Office website (impaired driving.ca) lists a number of possible defences those charged should consider, including ways to possibly avoid being convicted even if you blow over the legal blood alcohol limit of .08 on a breathalyser.

But while she understands everyone has the right to a legal defence and the presumption of innocence when charged with any crime, Ms Williams, whose sister was killed by a drunk driver five years ago, said the ads are inappropriate for a public transit service to convey.

"We're talking about Canada's No. 1 criminal cause of death," she said. "It's a complete slap in the face."

In the past, MADD Canada has partnered with York Region Transit to offer riders free trips on New Year's Eve, but it threatened to pull out this year because of the ads.

In response, York Region Transit general manager Don Gordon said Tuesday the ads would be pulled by the end of this week.

"We've reviewed the ads ... and heard the concerns from MADD and made a decision to pull them," he said. "We can take that sort of action if an ad stretches the limits of good taste and we feel that is exactly what's happened in this case. Our relationship with MADD has a long history and our hope is we can continue to work together."

But Ms Williams is not so sure.

"If they are, indeed, pulled, we'd be very pleased, but I'll believe it when I see it," she said.

Meanwhile, the Impaired Driving Office will continue to operate, with radio commercials and ads on other public transit services.

The firm is growing and has 50 lawyers across the country, including five in York, none of whom will have any trouble sleeping at night, Mr. Cook said.

"I understand where MADD is coming from. The cost of impaired driving on the community in terms of lost lives and damage to families is huge and my heart goes out to those people," he said. "But one of the cornerstones of our democracy is that you are presumed innocent until proven guilty, even if you are charged with impaired driving