January 16th, 2019
Credit For Administrative Licence Suspension Under Old Regime Granted – R. v. Kiyawasew, 2018 Calgary Provincial Court
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
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.