Decision of the Week

by Karen Sawatzky | Jan 24, 2019 | Caselaw, Criminal Law, Decision of the Week, Impaired Driving, Sentencing

This week’s decision is the first reported provincial court decision for 2019: R. v. Osnach, 2019 MBPC 1.

[1]              …  The main issue to be addressed is whether the mandatory minimum one-year driving prohibition imposed under s. 259(1) of the Criminal Code may be reduced on account of time spent under a three-month provincial administrative suspension.

The issue of whether the three month administrative suspension could be included in the one year driving prohibition was likened to credit for time in custody. Choy, P.J. did not agree.

[17]         I also do not accept the defence submission that the situation is analogous to credit for time in custody.  In that regard, the case R. v. Wust, [2000] 1 S.C.R. 455 was relied upon by defence.  I find that the leap from pre-sentence custody credit to credit for provincially mandated driving suspension cannot be made.  Depriving a person of their liberty is not the same as a person being inconvenienced by the inability to operate a motor vehicle.  Liberty is a fundamental individual right, whereas driving is a privilege which is earned.