Roadside Revocation of Drivers Licence Ruled Unconstitutional in Alberta

May 25, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Alberta Court of Appeal released an important decision last week which will strike down part of the Alberta drunk driving law. Specifically, police will no longer be able to immediately suspend the drivers licence of an impaired person.

Until now, if a person blew over the allowable limit on a breathalyzer, the Traffic Safety Act allowed for the immediate and mandatory suspension of drivers licences. The Split decision of Alberta’s highest court ruled that the law as it currently stands violates the Canadian Charter of Rights and Freedoms on the basis that an individual’s right to be presumed innocent until proven guilty in a fair trial before punishment was violated.

The decision written by Justice Frans Flatter, noted two key things in the administrative suspension of the licence

“The first is that it is clearly effective…The second things that can be said … is that it was designed without any consideration for the constitutional values underlying the Canadian legal system.”

In a dissenting opinion, Justice Marina Paperny argued that this isn’t a charter issue as there is not constitutional right drive.  The Court has given Alberta a year to change the legislation or to ask the Supreme Court of Canada to hear the case.

The Government of Alberta Justice Minister Kathleen Ganly issued a statement indicating that roadside suspensions "will remain in force" for the time being "and police will still be able to issue them to drivers who are charged with impaired driving offences over the next year." The Court of Appeal had been advised that approximately 20% of accused impaired drivers were cleared of wrong doing according to a CBC news report.

Lawyer Nate Whitling noted that the current system someone who is accused of impaired driving and pleads guilty without going to trial has a suspended driving time significantly less than someone who pleads guilty.  "This law pressures both innocent people and not guilty people into pleading guilty to a criminal offence. And that's why it's contrary to the charter," Whitling said. "If they decide to plead not guilty, given the delays in our current justice system, they're going to have to sit with a suspension for upwards of nine or 10 months," Whitling added. "And the pressure will be on them the whole time to just simply plead out and end the suspension."

It will be very interesting to see how the Alberta government proceeds with the case, and what effects this ruling may have throughout Canada. Police are already concerned with alcohol and drug impaired driving rates rising in Canada. Removing this enforcement tool will likely cause some more problems.

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