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MOTOR VEHICLES AND HIGHWAY TRAFFIC - Driver licensing - Reinstatement

Friday, January 04, 2019 @ 6:28 AM  

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Appeal by the Attorney General and Registrar of Motor Vehicle Services from a decision of a chambers judge that found the respondent could apply for a constitutional exemption from s. 88.1 of the Traffic Safety Act. The respondent’s driver’s licence was suspended pursuant to s. 88.1 of the Traffic Safety Act before the provision was declared unconstitutional. The declaration of invalidity had been suspended for one year. The chambers judge concluded the respondent was not precluded from seeking a remedy under s. 24 of the Charter while the declaration of invalidity was stayed. The parties agreed the appeal was moot as amendments to s. 88.1 of the Act had since come into effect.

HELD: Appeal allowed. No constitutional exemption from the effect of s. 88.1 of the Act was available pending the expiry of the suspension of the declaration of invalidity of that provision. To suggest otherwise would ignore the doctrine of stare decisis. It had already been determined in Sahaluk v. Alberta (Transportation Safety Board) that no individual exemptions would be granted. The chambers judge incorrectly concluded the respondent’s argument for a s. 24(1) Charter remedy was not barred by Sahaluk. It was not open to the chambers judge to refuse to follow Sahaluk.

Laverick v. Alberta (Transportation Safety Board), [2018] A.J. No. 1370, Alberta Court of Appeal, M.S. Paperny, B.L. Veldhuis and J. Strekaf JJ.A., November 21, 2018. Digest No. TLD-January22019006