Mandatory License suspensions struck down in Alberta Court of Appeal

By Alya Nazarali | May 26, 2017

The Alberta Court of Appeal handed down its decision last week, striking down the current law that indefinite license suspensions be imposed when a person is charged with an impaired driving offence. The mandatory license suspension law, which was struck down in a majority ruling on May 18, 2017, stated that anyone charged with an impaired driving offence had to have their drivers licenses suspended until their case was resolved, either by way of a guilty plea or a trial with a judicial ruling. The amount of time between the date of arrest and one’s day in court can often exceed 6 to 9 months.

Defence lawyers argued that the provincial government’s imposition of the indefinite license suspension infringed on one’s right to the presumption of innocence until proven guilty. For one to lose their license and suffer a hardship before their case has been adjudicated in court amounts to a severe punishment. Under our Canadian Charter of Rights and Freedoms, one has the right to due process and to the presumption of innocence.

Despite the declaration of invalidity being suspended for one year and not coming into force or effect until next summer, it is considered a huge win by the Alberta Criminal Defence Bar.

An appeal by the Crown to the Supreme Court of Canada is likely, so stay tuned for more on the effect of this decision and the implications surrounding amendments to Canada’s impaired driving legislation.

See more at:

cbc.ca/

660news.com/

calgaryherald.com/

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