January 16th, 2019

Credit For Administrative Licence Suspension Under Old Regime Granted – R. v. Kiyawasew, 2018 Calgary Provincial Court

Law Updates Tags: , ,

Impaired driving sentencing. Issue of whether credit towards the s. 259(1) CC prohibition should be given for time under the Alberta Administrative License Suspension (ALS), on the basis that a failure to do so would violate the accused’s rights under s. 11(h) of the Charter. Held: Only the 2012 ALS regime violated s. 11(h); credit … Read More.

May 30th, 2017

Sahaluk v Alberta (Transportation Safety Board), 2017 ABCA 153 per Slatter, Bielby, Paperny, JA:

Law Updates Tags: ,

Case concerning the constitutional validity of s. 88.1 of the Alberta Traffic Safety Act, creating the administrative suspension of a driver’s licence upon being charged with impaired driving. Held: Section 88.1 TSA violates ss. 7 and 11, and is not saved by s. 1. “The violation of the fundamental constitutional rights of all accused drivers … Read More.