‘Something has failed’: Experts say judicial system lacks support for repeat offenders

After a B.C. man recently racked up his 21st impaired driving conviction, one lawyer says it’s the system — not the offender — that requires a closer look.

Abbotsford resident Roy Heide pleaded guilty to another charge in December, setting the alleged Canadian record for the most convictions for impaired driving offences, investigators say.

Heide is now serving a nearly five-year sentence.

But Vancouver lawyer Kyla Lee, who specializes in driving infractions, says it seems clear that Heide is someone in need of treatment for intense addiction.

“This case is a perfect demonstration of the way that the system really fails people with long-standing substantantial addiction issues,” Lee said. “This is somebody who obviously needs intensive addiction treatment, and likely has a history of trauma that has led to an addiction that’s this powerful.”

Lee says the treatment services this person needs are likely not being provided in incarceration.

“Something has failed here,” Lee said.

Lee suggests Canada look to other jurisdictions, like some states in the U.S. where specialized courts exist to deal with people who are addicted to alcohol and often convicted for impaired driving. Lee says these courts, called “DUI Courts,” allow people to access the treatment and support they need to get out of the judicial system.

While B.C. does have mandatory ignition interlock devices — which require drivers to take a breathalyzer test before starting their vehicle — for people convicted of impaired driving, Lee says it’s not a difficult requirement to get around.

The mandate only applies to a person’s licence and doesn’t stop people from getting into a vehicle that doesn’t have an ignition interlock device, and consequences are only faced if a cop pulls a person over and checks their licence.

Additionally, if someone is caught, Lee says the consequence — a $167 ticket — “is not going to stop them from getting behind the wheel without an interlock.”

“When we think about impaired driving… there’s so much stigma that we have around it, which is well-warranted,” Lee said. “But that stigma also needs to make room for the rare exceptions of people who have a mental illness… and need the support for that.”

Steve Sullivan, CEO of MADD Canada, agrees treatment is key, but so is keeping others safe.

“Sadly, when you get someone like this, and it is rare that you have someone with this many convictions… At some point the only option really is longer and longer prison sentences, and that’s not an ideal situation, but what else are you going to do?” Sullivan said.

Sullivan says he hopes treatment has been offered to Heide in the past, and will continue to be in the future.

“One hopes that the offer treatment is never off the table,” he said.

In an ideal world, he says everyone who needs treatment would get it and come out fully recovered, but “we don’t live in an ideal world.”

Similar to Lee, Sullivan says the number of convictions Heide has racked up is more of a reflection on society, than Heide.

“What we want to happen is, when someone is convicted of an offence, they change their behaviour, and treatment can be a big part of that,” he said. “That’s what offers us an ultimate protection as a society.”