Impaired drivers who kill a parent in Ontario may have to pay mandatory ongoing child support

Impaired drivers responsible for killing parents or guardians may end up paying child support. Mark McAllister looks at the measures being considered by the province.

The Ontario government says it’s looking at new measures that would force impaired drivers to pay ongoing child support if they kill a child’s parent or guardian, but couldn’t give a timeline for when new rules could potentially be implemented.

The proposed measures come as an addition to the Safer Roads and Communities Act, 2024, which introduced a lifetime licence suspension for anyone convicted of impaired driving causing death.

“No child should have to bear the weight of losing a parent to impaired driving,” Attorney General Doug Downey said in a media release Tuesday morning.

Downey says the government is exploring “practical solutions” that would help ensure surviving children have long-term financial stability.

The province is looking to jurisdictions with similar laws, including Texas, which in 2023 required offenders convicted of “intoxication manslaughter” to pay child support until the child turns 18 years of age or finishes high school.

The measure is likely part of a bigger legislative package focused on victim support for violent and impaired offenders.

But when pressed, Downey said the government didn’t have a specific timeline.

“Bringing legislation as it relates to justice issues — this will kick start the discussion to determine exactly how we’re going to do it,” he told reporters on Monday.

“It will be part of our narrative of how we’re dealing with justice issues. And like I said, we’ll have more to say shortly on on how exactly we’re moving.”

“I can’t talk about the complete content of the legislation at all,” he stressed. “I’m just saying that this is an important piece going into the Christmas season to make sure that people know that drinking and driving has consequences and that we will protect the interests of children.”

According to the province, in 2021, there were 182 fatalities caused by impaired driving. This includes 96 drinking and driving fatalities and 86 fatalities due to drugs.

“We’re seeing way too frequently, individuals who are causing carnage in Ontario … and it’s a tragedy, and it’s something that we can do something about,” Downey added.

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