Yukon MLAs have passed the Traffic Safety Act after changes were made to the bill, for example, to address the privacy commissioner’s concerns around the scope of facial recognition technology and to define “vulnerable road user” like pedestrians, cyclists and motorcyclists.
The bill passed 10-8 in a vote at third reading in the Yukon Legislative Assembly and received assent on Oct. 29.
Highways Minister Nils Clarke, who brought forward Bill 44, noted the modern act will replace the outdated 1977 act. He said it will “improve road safety, reduce fatalities on the road, reduce drunk driving, increase fines and provide a framework that will benefit all Yukoners today and into the future.”
A Yukon government press release notes the new act brings in "stricter fines and penalties, with escalating consequences for repeat offenders to discourage reckless behaviour."
The governing Liberals and the Yukon NDP, which have a confidence and supply deal in place, voted together on the matter.
The Official Opposition voted against it, citing a lack of consultation.
Stacey Hassard, the Yukon Party MLA for Pelly-Nisutlin, commented on the privacy commissioner’s intervention and the Yukon Liberal Party’s “failure” to do its homework before bringing the bill forward.
“The Traffic Safety Act is just another example of a bill that required major surgery on the floor of this House before the government fails to complete their due diligence. The list of flawed legislation is long and growing,” Hassard said.
Hassard cited the new Health Authority Act, the animal control act and the Business Corporations Act as examples of legislation that involved changes “because the Liberals have checked out and aren’t doing their jobs.”
He said Yukoners should have a say in whether photo radar and red-light cameras are used, and mandatory use of snow tires are implemented.
His side remains concerned about the use of facial recognition technology even with the amendments recommended by the privacy commissioner.
Yukon NDP Leader Kate White, who followed Hassard’s speech, said she found herself in the “uncomfortable position again where we talk about revisionist history, where we talk about the stories that the Yukon Party will play in this assembly and, of course, then there is always that thing — the truth.”
“I believe that when legislation comes to the assembly and it needs to be made stronger and amendments are made while it’s here, that is leadership.”
White reflected on when the Yukon Party was in power and amended the Financial Administration Act.
“Do you know what it did? It made sure that when people were homeless and they were camping on the lawns of the legislative assembly, it made it against the law; it made it criminal,” she said.
White said the Association of Yukon Communities passed a resolution on red light cameras, indicating the association wanted them.
White said this piece of legislation isn’t political; it’s about public safety. She argued driving is a privilege; not a right.
“I fundamentally believe that Yukoners are smart enough to understand the importance of these changes,” she said.
“Every single person in this assembly and every single person in this territory has been affected by some kind of traffic accident. Whether it is a small, small issue that is an inconvenience or whether it is a tragedy like someone’s death, everybody has been affected.”
The engagement that took place with respect to this legislation was more extensive than other governments, per Clarke.
He said the act was informed by extensive feedback. For example, Clarke has tabled letters from the Whitehorse Urban Cycling Coalition on vulnerability, privacy commissioner Jason Pedlar on facial recognition technology and Sikh organizations to recognize the Sikh turban.
Contact Dana Hatherly at dana.hatherly@yukon-news.com
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