Sentencing of accused convicted of impaired driving. Argument by defence that the accused should receive credit from time spent under the “old” AALS regime towards the length of the mandatory s 259(1) CC driving prohibition.

Held: Credit towards s 259(1) CC driving prohibition denied.

Court declined to follow Sohal and Ludwig. Court of Appeal’s comments in Sahaluk about an “analogy” to judicial interim release conditions should be read as just that, a comparative analogy, rather than an endorsement that suspensions should be treated as actual bail conditions. “In my respectful view, the current state of the law does not clothe me with the authority to reduce the mandatory section 259(1) driving prohibition by the amount of time during which Ms. Kiyawasew has been the subject of a Traffic Safety Act AALS driving disqualification in Alberta.” Fairness concerns inherent to these arguments might better be addressed by a Charter argument, such as one under ss 11(h) and 24(1).

M. Savage – Defence Counsel