Coun. Matt Luloff faces impaired driving charges, with a broad range of potential outcomes

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Orléans East-Cumberland Coun. Matt Luloff was charged with impaired driving earlier in July. How will the legal process unfold and what does it mean for Luloff’s future as a city councillor?

Luloff, a second-term councillor, also serves as Ottawa Public Library Board chair and was the Conservative Party of Canada candidate for Orléans riding in the next federal election until he stepped down from that candidacy on July 10, citing personal reasons

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According to the charges filed in court, Luloff, 40, was arrested and charged on Saturday, July 6.

He was charged with two counts related to impaired driving, the filing shows. The first charge alleges Luloff was operating a motor vehicle while impaired. The second charge alleges that Luloff, “within two hours after ceasing to operate a (vehicle) had a blood-alcohol concentration that was equal to or exceeded 80 mg of alcohol in 100 mL of blood.”

The allegations have not been tested in court.

Luloff’s defence lawyer, Lawrence Greenspon, signed an “enhanced designation of counsel” on July 9.  That means a defence lawyer can appear in court on Luloff’s behalf.

Here’s a look at some of the factors at play.

Q: Is impaired driving a criminal matter in Canada?

A: Yes. The Criminal Code of Canada prohibits driving while impaired to any degree by drugs, alcohol or a combination of both. Penalties range from a mandatory minimum fine to life imprisonment, depending on the severity of the offence. Reforms were passed by Parliament and given Royal Assent on June 21, 2018, creating new authorities, increasing deterrence, making it easier to detect impaired drivers and simplify investigations and proof of impaired driving offences, according to Justice Canada.

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Q: What could happen to someone charged with impaired driving for the first time?

A: A range of possibilities exust.

“You should not expect much leniency when it comes to drunk driving in Ontario,” Ottawa criminal lawyer Fady Mansour says in his blog.

“While some latitude is granted to first offenders and you can avoid the worst consequences with strong legal representation, do not underestimate the trouble you’re in if you’re pulled over and charged with impaired driving,” Mansour writes.

Driving with a blood alcohol content of more than 80 mg of alcohol in 100 ml of blood is also a separate offence, commonly known as “driving over 80.” A first conviction can result in a fine of at least $1,000 for blood alcohol concentrations of 80 to 110 mg, at least $1,500 for readings of 120 to 150 mg and at least $2,000 for readings of 160 mg or more.

According to the Criminal Code of Canada, even a first-time offender can face a prison sentence of up to 10 years for an indictable offence.

“More commonly, cases proceed as a summary offence, with a maximum prison sentence of two years. Unlike subsequent offences, there is no mandatory minimum sentence for a first offence,” Mansour says.

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Every courthouse in Ontario operates differently, but in most cases it is unlikely the prosecution would seek a two- or 10-year sentence unless aggravating factors were present, such as an injury or death caused by the driver’s actions, Mansour says.

“A 30-, 60- or 90-day jail sentence would be more typical.”

Conviction for a first offence of impaired driving also leads to suspension of a driver’s licence, likely for a year, although that could be reduced if the driver agreed to outfit the vehicle with an ignition interlock device. Those convicted of impaired driving must also attend education programs.

Q: Could a conviction limit the role of a city councillor under the code of conduct?

A: Under the Ontario Municipal Act, municipalities are required to include certain areas in their codes of conduct for members of council and local boards. The provincial legislation specifies these areas to include gifts, benefits and hospitality, respectful conduct, including conduct toward officers and employees, confidential information and use of property of the municipality or of the local board.

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Q: What about the City of Ottawa’s Code of Conduct for city councillors?

A: The city’s code of conduct is broader, including matters such as issues of general integrity, misuse or improper release of confidential information, inappropriate conduct at council or committee meetings, matters related to discrimination or harassment, improper use of influence and inappropriate use of municipal property or resources, including for campaign purposes, inappropriate conduct respecting lobbying or lobbyists and improper receipt of gifts, benefits or hospitality.

The city also has policies around expenses, election-related resources and community, fundraising and special events.

Anyone who identifies or witnesses behaviour or an activity by a sitting member of council that they believe is in contravention of the code of conduct may file a formal complaint to the city’s integrity commissioner setting out “reasonable and probable grounds for the allegation.”

City council and the transit commission may also file a complaint or file a request for an investigation of any of its membership through a motion.

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Q: Does the code of conduct address complaints outside the jurisdiction of the integrity commissioner?

A: If the complaint in not, on its face, a complaint about non-compliance with the City of Ottawa’s code of conduct, or if the complaint is covered by any other legislation, including a criminal matter, the integrity commissioner advises the complainant of next steps. In the case of allegations of a criminal matter, that would be to notify police.

“If the complaint on its face is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complaint shall be advised that is the complainant wishes to pursue any such allegation, the complainant must pursue it with the appropriate police service,” the code of conduct says.

Q: Does Ontario municipal law ban those facing criminal charges or who have been convicted from running for or holding municipal office?

A: Under the Ontario Municipal Act 2001, having a criminal record does not make a person ineligible for to run for or hold office. Anyone who is entitled to be an elector in a municipality — meaning able to vote — is qualified.

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However, the Ontario Elections Act addresses this in a roundabout way. Section 17 stipulates that some people are prohibited from voting in a municipal election, including “a person who is serving a sentence of imprisonment on penal  or correctional institution.”

In other words, if a person can’t vote in an election because they are serving time, they can’t be on a municipal council.

Q: Does an impaired driving conviction affect a politician’s chances of getting re-elected?

A: That was not the case for Rob Ford in his 2010 run for Toronto mayor. After a driving under the influence arrest in Miami in 1999 became public, Ford’s share of the vote increased 10 per cent, according to journalist Robyn Doolittle ‘s 2014 biography titled Crazy Town: the Rob Ford Story.

In November 2013, Toronto city council voted to remove Ford’s authority during emergency situations and stripped his power to hire and fire the deputy mayor and appoint members of his executive committee, limiting his powers as mayor.

Q: When will Luloff next appear in court?

A: His first court appearance is scheduled for Aug. 8. The criminal matter will then be adjourned to Oct. 31, according to the court file.

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Q: What has Luloff’s lawyer said about the charges?

A: Lawrence Greenspon said Monday that he intended to defend his client.

“There was no accident involved. We will be defending Mr. Luloff, and he is to be presumed innocent,” Greenspon said.

Q: Have City of Ottawa legal officials commented?

“Given the range of potential outcomes, it is not appropriate to speculate on any one outcome that may or may not ultimately occur. As the matter currently rests before the courts, the City of Ottawa cannot provide further information at this time,” city solicitor Stuart Huxley said in a statement.

With files from Aedan Helmer

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