R> v. MacKenzie

Parties

Procedural Posture

Criminal / Guilty Plea and Sentencing

Legal Issues

1. 1 Whether a curative treatment conditional discharge under s.255(5) of the Criminal Code should be granted for the s.253(1)(a) impaired driving offence
2. 2 Appropriate sentence for driving while disqualified contrary to s.259(4)
3. 3 Appropriate penalty for driving without motor vehicle liability insurance contrary to Motor Vehicle Act s.230(1)

Ratio Decidendi

On the balance of probabilities the defendant met the requirements of s.255(5): the court accepted his sustained sobriety and motivation, documented engagement in treatment, availability and quality of local treatment, support systems, sale of his vehicle and intent not to seek reinstatement, and a reasonable prospect of success; granting the curative treatment discharge would not be contrary to the public interest because strict probation conditions and a lengthy driving prohibition would protect the public and incarceration would interrupt effective treatment; accordingly the court granted a curative treatment discharge for the s.253(1)(a) offence and imposed probation and other...

Court Disposition

Curative treatment discharge granted for impaired driving (s.253(1)(a)); no conviction entered on that count. Defendant sentenced to probation and a 10-year driving prohibition on the s.253(1)(a) matter; fined and otherwise penalized for driving while disqualified (s.259(4)) and driving without liability insurance...

Orders

• Curative treatment discharge granted under s.255(5) for the s.253(1)(a) impaired driving offence; no conviction entered on that count
• Probation for two years with conditions: keep the peace and be of good behaviour; report to and be under supervision of a probation officer; abstain from alcohol and non-prescription drugs; not attend establishments where alcohol is primary product; participate in substance abuse assessment and counselling including...