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. 

Please note: The library will be closing early on Thursday, April 17th at 11:00AM for a special event.  Regular library service will resume Tuesday, April 22nd at 8:30AM.

The Winnipeg Court Complex will be closed April 18th and April 21st. Manitoba Law Library staff will not be onsite during the holiday, but will be available by email on Monday, April 21st. Regular library service will resume Tuesday, April 22nd at 8:30AM.

Please note: The Winnipeg Law Courts will be closed April 18th and April 21st. The Library is closed Friday. Manitoba Law Library staff will be available by email on Monday, April 21st. Regular library service will resume Tuesday, April 22nd at 8:30AM.