Accused pleaded guilty to impaired driving and was granted a curative discharge. Issue of whether the 224 days accused’s license was suspended under the Alberta Administrative License Suspension [AALS] regime could be credited towards the mandatory 1-year Criminal Code driving prohibition.
Held: Credit for AALS granted.
Sahaluk, 2017 ABCA 153 drew the analogy between the AALS suspensions and bail. Treating AALS suspensions akin to bail conditions “is more than illustrative…it eliminates an essentially artificial distinction between pre-trial suspensions imposed under the Criminal Code and those imposed under the AALS.” Allowing credit and authorizing application for Ignition Interlock aligned with “principles of equity, rationality, fairness, justice and common sense” (Bland, 2016 YKSC 61) and would not unduly encroach on the Transportation Safety Board’s jurisdiction over reinstating drivers.
M. Oykhman – Defence Counsel.