It was on Dec. 10, 1984, when Woodward's brother, Bill Tuovila, decided to walk home instead of driving after a night of drinking at a Rutland pub in Kelowna.

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With the holiday season quickly approaching, most are looking forward to spending time with family and friends — a joyous time of year, but not for Katherine Woodward of Kelowna.

For the past 38 years, Christmas has served as a reminder of when she lost her brother to a drunk driver.

It was on Dec. 10, 1984, when Woodward's brother, Bill Tuovila, decided to walk home instead of driving after a night of drinking at a Rutland pub in Kelowna. 

The 26-year-old father of one was struck by a vehicle. The driver fled, leaving Tuovila dead in a ditch along the side of the road. At least he didn't suffer.

"The coroner said that his spinal cord was severed. They said that he would have been dead before he hit the ground," Woodward remembers.  

Then the call came.

"I got a call from my mom on a Sunday morning which was highly unusual and she told me that (Bill) had been killed by a drunk driver." 

Woodward was two weeks shy of getting married and her brother Bill was supposed to be there.

"He was to give the toast to the bride."

Ironically, the driver who killed Woodward's brother had been drinking at the same bar that fateful night.

One thing Woodward will never forget is how the driver who killed her brother was handed a suspended sentence, but was allowed to continue to drive.

"The judge said that she will wake up for the rest of her life, knowing that she took a life and that was punishment enough," Woodward said.

The judge did not suspend the driver's licence "because she was a single mother and needed her vehicle to get her children to school," she said.

Another memory attached to this sad story is when the driver's family came knocking at Woodward's home, offering their condolences. Woodward admits that she was angry when she heard the knock, but after 38 years, has come to realize how her brother's death has impacted everyone for generations to come. 

"I had no one to give a toast to the bride at my wedding. My kids never got to know their uncle."

Woodward's brother was the father of a two-year-old. Woodward's nephew has moved on and lost the family connection. 

"So we lost out on that."

Fast forward nearly four decades after Woodward's loss of her brother, B.C.'s impaired driving laws have changed. Some in the legal circle say for the worse.

Kelowna criminal lawyer, Wade Jenson, used to make part of his living in defending drunk drivers, but the tide turned several years ago when the B.C. government started "tweaking" the legislation.

"The only real difference is there's no longer a criminal charge," Jenson said.

Today, Jenson rarely deals with impaired driving charges because he believes the B.C. government has instructed the police to opt for alternatives including IRPs or Immediate Roadside Prohibitions whereby impaired drivers are given an administrative charge, as opposed to a criminal charge.

"It's a mulligan. It's a waiving of the criminal offence of impaired driving."

According to the B.C. government's website, if you're caught driving impaired, you could face these penalties: Driving suspensions from 24 hours to 90 days. Vehicle impoundment. Fines, from $600 and up to $4,060.

Jenson is adamant that the public has been duped by government policy.

"The public doesn't know what I know, what the police know and what the government knows. All the public knows is that the government is cracking down on impaired driving. The reality is that the government has done away almost entirely with the criminal element and have relied entirely on the Motor Vehicle Act."

According to Kelowna RCMP, in 2020 they had six full criminal code impaired charges with nine IRPs.

In 2021, it was down to four full Criminal code impaired with 10 IRPs and so far this year — zero impaired driving and three IRPs.

"To date, although not perfect, it still is very impressive numbers so far," RCMP spokesperson Mike Della-Paolera said.

Despite the glowing RCMP stats, Jenson believes it's all smoke and mirrors.

"It's a no brainer that the stats on impaired driving have gone down but that's not necessarily an indication that the amount of drinking and driving has gone down. It's just a reflection that the direction — by policy — (police) are advised to follow.

It should be noted that according to various government statistics, B.C. has highest rate of administrative penalties for impaired driving in Canada.

But statistics are not on Katherine Woodward's mind. She just wants to remind the motoring public, not to be selfish this season.

"Christmas isn't the same, none of it is the same ever again."

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