The Highway Traffic Amendment Act (Stalking-Related Measures)
Chamber
manitoba
Stage
Introduced
This Manitoba bill adds driver's licence suspensions, vehicle seizures, and forfeiture for people who use a vehicle to commit criminal harassment (stalking).
Key Changes
- Automatic driver's licence suspension for anyone convicted of criminal harassment if a vehicle was used — 6 months (first offence), 1 year (second offence), or lifetime (third or more offences within 10 years)
- Police can immediately seize and impound a vehicle being used to commit criminal harassment
- Vehicles impounded for a first criminal harassment offence are held for 30 days; repeat offenders within 10 years face a 90-day impoundment
- A vehicle can be permanently forfeited to the government if the offender has two or more prior criminal harassment offences using a vehicle within the past 10 years
- Vehicle owners who did not reasonably know their vehicle would be used for stalking have a defence to get their vehicle back
- The law comes into force 90 days after royal assent, and does not apply retroactively to offences committed before it takes effect
Gotchas
- The licence suspension under this bill is separate from and in addition to any suspension a court can already order under The Domestic Violence and Stalking Act — a convicted stalker could face multiple overlapping penalties
- The 'lifetime ban' on driving applies after just two prior convictions within 10 years, which is a significant and permanent consequence
- Vehicle owners who lend their car to someone who uses it to stalk may have their vehicle seized, even if they had nothing to do with the offence — though they can apply to get it back if they had no reason to expect the misuse
- The bill only applies when a motor vehicle is used in the commission of the offence — criminal harassment committed without a vehicle is not covered by these new provisions
- There is a strict transition clause: the new suspensions do not apply if the most recent offence happened before the law came into force, protecting against retroactive punishment
Who's Affected
- People convicted of criminal harassment (stalking) who used a vehicle in the offence
- Victims of stalking, who gain additional legal protections
- Vehicle owners whose cars are borrowed or used by someone who commits criminal harassment
- Manitoba police officers, who gain new seizure and impoundment powers
Vibes
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Gotchas
- The licence suspension under this bill is separate from and in addition to any suspension a court can already order under The Domestic Violence and Stalking Act — a convicted stalker could face multiple overlapping penalties
- The 'lifetime ban' on driving applies after just two prior convictions within 10 years, which is a significant and permanent consequence
- Vehicle owners who lend their car to someone who uses it to stalk may have their vehicle seized, even if they had nothing to do with the offence — though they can apply to get it back if they had no reason to expect the misuse
- The bill only applies when a motor vehicle is used in the commission of the offence — criminal harassment committed without a vehicle is not covered by these new provisions
- There is a strict transition clause: the new suspensions do not apply if the most recent offence happened before the law came into force, protecting against retroactive punishment
Summary
This bill changes Manitoba's Highway Traffic Act to add new consequences for people who use a vehicle while stalking or criminally harassing someone. If a person is convicted of criminal harassment (under the federal Criminal Code) and used a vehicle to do it, they will automatically lose their driver's licence. The length of the suspension depends on how many times they have done it before: six months for a first offence, one year for a second, and a lifetime ban for a third or more — all within a ten-year window. Police officers are also given the power to immediately seize and impound the vehicle being used in the act of criminal harassment. If the vehicle's owner had no reasonable way of knowing it would be used for stalking, they may be able to get it back. For repeat offenders with two or more prior criminal harassment offences in the past ten years, the vehicle can be permanently taken away (forfeited to the government). This bill was introduced to give law enforcement and courts stronger tools to protect people from stalkers who use vehicles to follow, surveil, or threaten their victims. It builds on existing protections under Manitoba's Domestic Violence and Stalking Act.
Automatically generated from bill text using Claude
Vibes
0 responses