Canada: Alberta won’t appeal court ruling on province’s impaired driving laws

Edmonton Journal

By Clare Clancy

August 16, 2017

The province is overhauling a portion of its impaired driving laws on the heels of a May court ruling that found it unconstitutional to suspend the licences of suspected drunk drivers before bringing cases to court.

Justice Minister Kathleen Ganley said Wednesday the province will not appeal the ruling delivered by the Alberta Court of Appeal.

“We will be looking at other legislative models across the country to see … which initiatives have been most effective in saving lives, reducing injuries and improving traffic safety.”

The current rules — imposed in 2012 allowing police to suspend licences prior to a court conviction — will remain in place until May 2018.

“New legislation will be introduced before the deadline,” Ganley said.

The court ordered the government to implement changes within one year.

About 20 per cent of people who have their licences suspended are found not guilty, wrote Justice Frans Slatter in the May decision. But drivers waiting for trial often lose their licences for a significant period of time.

Some drivers decide to plead guilty, opting for an ignition interlock device to be installed in the vehicle in order to return to driving as soon as possible, explained the ruling, which found the law violated an individual’s Charter rights.

The government decided not to appeal to the Supreme Court of Canada partly due to “potential legal risks,” Ganley said.

“We just felt that in this instance there was a risk — because of the coupling of the licence suspension to the resolution of the criminal matter — that the Supreme Court might decide against us,” she said.

Legislators will speak to traffic safety experts, police departments and judiciary officials while examining possible strategies, she noted.

Between 2012 and 2015, there were 311 deaths related to impaired driving due to alcohol in Alberta, she said.

“Drinking and driving imposes an enormous cost on our society,” she said. “Unfortunately impaired driving remains the leading cause of criminal death in Alberta.”