Accused pleaded guilty to impaired driving. Curative discharge application. 3 prior convictions in the last 6 years. Accused testified and called a psychologist who gave evidence as to her assessment of the accused and the treatment plan.
Held: Curative discharge granted.
Court satisfied that the psychologist’s report and testimony qualified as “medical or other evidence” as defined in Soosay, 2001 ABCA 287. The evidence satisfied the test that the accused had a “reasonable chance of managing and overcoming his alcoholism”. A curative discharge is available to a recidivist: Wallner, 1988 ABCA 308. Accused was “well-motivated to address his alcohol use disorder”.
D. Fedorchuk – Defence Counsel