Licence suspensions violate Charter rights, court rules

Alberta’s highest court has struck down a provincial law that allows police to suspend the driver’s licences of suspected impaired drivers.

In a majority decision filed Thursday, the Court of Appeal of Alberta ruled that suspending the licences of people who have yet to be found guilty of impaired driving violates those individuals’ Charter rights. The court has granted the government one year to figure out how to implement the change.

Writing the majority’s reasons for judgment, Justice Frans Slatter wrote that about 20 per cent of people who have their licence suspended are ultimately found not guilty, but nevertheless lose their licence for a “significant” period of time while awaiting trial.

Slatter also wrote that the law may encourage some drivers to plead guilty because the wait for trial is more lengthy than if they had pleaded guilty to be eligible to have an ignition interlock device installed in their vehicle, allowing them to drive again.

Drivers may be “induced to surrender their constitutional right to the presumption of innocence,” Slatter wrote.

Justice Minister Kathleen Ganley said Thursday that while pressuring innocent people to plead guilty is a “valid concern,” she hasn’t seen evidence of that happening.

“There wasn’t an increase in guilty pleas, but there was a decreased time to trial,” Ganley said.

Ganley said her government needs time to review the ruling more fully before determining if it will seek leave to appeal to the Supreme Court of Canada.

Lawyer Nate Whitling, who argued the case on behalf of four people who had their driver’s licences suspended under the law, disagrees with Ganley that these matters have moved more expeditiously to trial, and said there isn’t evidence “one way or the other” that guilty pleas have or haven’t increased under the law.

He said that while he’s pleased with the court’s decision, he’s disappointed about the appeal court’s decision to delay it taking effect for one year.

“The effect of this law, which is to coerce innocent people into pleading guilty to criminal offences, is going to continue despite the Court of Appeal’s reasoning today,” Whitling said.

Speaking after an Edmonton Police Commission meeting Thursday afternoon, Edmonton police Chief Rod Knecht said he needs more information before being able to comment on what the ruling will mean for the force.

“We’re going to look at it, and see what the challenges are, and we’ll have to evaluate it. But I don’t want to commit to anything, because this is fresh,” Knecht said.

The president of the Alberta Chiefs of Police Association, Medicine Hat Police Service Chief Andy McGrogan, said while he can’t speak for his colleagues across the province, he’s OK with the decision.

“I never have been a roadsidejustice guy. I think there’s a court system for a reason,” McGrogan said.

The ability of officers to suspend licences of suspected drunk drivers using the “administrative sanction” came into effect in 2012.

Slatter and Justice Myra Bielby both allowed the appeal, forming the majority opinion. However, the third judge to hear the case, Justice Marina Paperny, ruled to dismiss the appeal.

The dissenting opinion could weigh in favour of the Supreme Court granting leave to hear the appeal if there’s an application, Whitling said.

The provincial government has until Aug. 17 to appeal the decision.

The effect of this law, which is to coerce innocent people into pleading guilty to criminal offences, is going to continue …