August 17th, 2018
No Credit Towards Driving Prohibition For Previous Administative Suspension – R v Huebner, 2018 Calgary Provincial Court
Accused pleaded guilty to impaired driving and was granted a curative discharge. Issue of whether she should receive credit for the time her licence was suspended under the Alberta Administrative Licence Suspension towards the mandatory Criminal Code driving prohibition. Held: no credit for time on AALS.
July 27th, 2018
No Credit For Administrative Licence Supension Towards Court’s Driving Prohibition – R v Kiyawasew, 2018 Calgary Provincial Court
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 … Read More.
No Credit From Administrative Licence Suspension Toward Court’s Driving Prohibition – R v Chan, 2018 Edmonton Provincial Court
Sentencing of accused who pleaded guilty to refusal to provide a sample of breath. Issue of whether time accused’s license was suspended under the Alberta Administrative License Suspension (AALS) should be credited towards the mandatory s 259(1) CC driving prohibition. Held: Credit towards s 259(1) CC driving prohibition denied. Court rejected the argument that the … Read More.
March 6th, 2015
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 … Read More.