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Alberta court rules section of Traffic Safety Act infringes Charter

Thursday, May 25, 2017 @ 6:37 AM | By Amanda Jerome

The Alberta Court of Appeal has determined that the administrative licence suspension regime imposed under the province's Traffic Safety Act “is overbroad and grossly disproportionate, it also cannot be demonstrably justified in a free and democratic society.”

Nathan Whitling, Liberty LawIn Sahaluk v. Alberta (Transportation Safety Board) 2017 ABCA 153, Justice Frans Slatter wrote that there must be a limit for provinces imposing licence suspensions parallel to criminal prosecutions and that the current regime goes “over the limit and infringes s. 7 and s. 11 of the...