Sahaluk v. Alberta (Transportation Safety Board), 2015 ABQB 142 per Wakeling, J


Issue regarding constitutionality of s. 88.1 TSA – the Alberta Administrative License Suspension.

Held: Application dismissed.

The challenged law is not a criminal law, and is not ultra vires the Province. The purpose and effect of s. 88.1 TSA “is to reduce the safety risk that persons who drink and drive present to users of Alberta’s highways. It is a highway safety law which likely has already and will in the future save the lives of Albertans.” Further, the legislation does not violate s. 7, as the law does not deprive an individual of his/her free will when deciding whether to plead guilty or not guilty. As well, s. 11(d) of the Charter is not engaged, as a provincial license suspension is not an offence.

F. Koziak, Defence Counsel