Bulmer v. Alberta (Solicitor General) and Registrar Of Motor Vehicles (Alta.), (1987) 76 A.R. 194 (QB)

• Judge: McFadyen, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 09, 1987
• Citations: (1987), 76 A.R. 194 (QB)

Bulmer v. Alta. (1987), 76 A.R. 194 (QB)

MLB headnote and full text

Glen Robert Bulmer v. Solicitor General of Alberta and the Registrar of the Motor Vehicles Division of the Department of the Solicitor General

(No. 8609 00723)

Indexed As: Bulmer v. Alberta (Solicitor General) and Registrar Of Motor Vehicles (Alta.)

Alberta Court of Queen's Bench

Judicial District of Peace River

McFadyen, J.

February 9, 1987.

Summary:

Bulmer was convicted of breathalyzer refusal, contrary of s. 238(5) of the Criminal Code. Pursuant to s. 109 of the Alberta Motor Vehicle Administration Act, as amended, Bulmer's driver's licence was automatically suspended for six months. Bulmer applied for mandamus to compel provincial authorities to shorten the period of suspension from six months to three months. Bulmer alleged that the suspension of his driver's licence pursuant to s. 109 was a "punishment for the offence" within the meaning of the words in s. 11(i) of the Charter of Rights, and that his rights under s. 11(i) were denied.

The Alberta Court of Queen's Bench dismissed the application.

Civil Rights - Topic 3765

Punishment - Variation of punishment after offence - Benefit of lesser punishment - An accused was convicted of breathalyzer refusal - At the time of the commission of the offence s. 109 of the Motor Vehicle Administration Act provided for an automatic suspension of his driver's licence for three months - By the time of sentencing the period of suspension had been increased to six months - The accused's licence was suspended for six months - He alleged a violation of s. 11(i) of the Charter, which guaranteed the right to the benefit of a lesser punishment for the offence, where there was a variation in punishment between the time of commission and the time of sentencing - The Alberta Court of Queen's Bench found no violation of s. 11(i), because the automatic suspension was not a "punishment for the offence" but a civil consequence - See paragraphs 31 to 50.

Civil Rights - Topic 3765

Punishment - Variation of punishment after offence - Benefit of lesser punishment - S. 11(i) of the Charter guaranteed the right to the benefit of a lesser punishment for the offence, where there was a variation in punishment between the time of commission of the offence and sentencing - The Alberta Court of Queen's Bench held that s. 11(i) was limited to sanctions of a criminal nature imposed by a sentencing court and was not intended to apply to consequences of a purely civil nature which flow from conviction of an offence - The court further held that s. 11, including s. 11(i), dealt only with criminal and quasi-criminal proceedings and sanctions - See paragraphs 21 to 23.

Civil Rights - Topic 3766

Punishment - Defined - The Alberta Court of Queen's Bench held that the automatic suspension of a driver's licence imposed by s. 109 of the Alberta Motor Vehicle Administration Act, upon conviction of an offence under the Criminal Code, was a civil consequence and not a "punishment for the offence" within the meaning of s. 11(i) of the Charter, because the purpose of the legislation was to protect the public - See paragraphs 31 to 50.

Civil Rights - Topic 8472

Canadian Charter of Rights and Freedoms - Interpretation - Precedent - General - The Alberta Court of Queen's Bench stated that "interpretations previously given to certain words and phrases for other purposes are not binding in the interpretation of the same word and phrase in the Charter." - See paragraph 19.

Words and Phrases

Punishment for the offence - The Alberta Court of Queen's Bench discussed the meaning of, as found in s. 11(i) of the Canadian Charter of Rights and Freedoms, 1982 - See paragraphs 21 to 23, 30 to 50.

Cases Noticed:

Provincial Secretary of Prince Edward Island v. Egan et al., [1941] S.C.R. 396, refd to. [para. 10].

Ross v. Registrar of Motor Vehicles and Attorney General for Ontario et al., [1975] 1 S.C.R. 5; 1 N.R. 9, refd to. [para. 13].

Lymburn v. Mayland, [1932] A.C. 318, refd to. [para. 14].

R. v. Joslin (1981), 10 M.V.R. 29, refd to. [para. 17].

R. v. McNary (1979), 6 M.V.R. 106, refd to. [para. 18].

R. v. Lang (1984), 55 A.R. 81, refd to. [para. 18].

R. v. Therens, [1985] 1 S.C.R. 613; 59 N.R. 122; 40 Sask.R. 122; [1985] 4 W.W.R. 286; 45 C.R.(3d) 97; 18 D.L.R.(4th) 655; 32 M.V.R. 153; 18 C.C.C.(3d) 481, refd to. [para. 19].

Southam Inc. v. Hunter, [1984] 2 S.C.R. 145; 55 N.R. 241; 55 A.R. 291; 27 B.L.R. 297; 33 Alta. L.R.(2d) 193; 9 C.R.R. 355; 11 D.L.R.(4th) 641; 2 C.P.R.(3d) 1; [1984] 6 W.W.R. 577; 41 C.R.(3d) 97; 84 D.T.C. 6467; 14 C.C.C.(3d) 97, refd to. [para. 20].

Trumblay and Pugh et al. v. Toronto Police Force et al. (1986), 15 O.A.C. 279; 29 D.L.R.(4th) 557, consd. [para. 24].

Barry and Brosseau v. Alberta Securities Commission (1986), 67 A.R. 222, consd. [para. 27].

A Solicitor's Clerk, Re, [1957] 3 All E.R. 617, refd to. [para. 42].

Lebel v. R. et al. (1982), 30 C.R.(3d) 285 (Que. Sup. Ct.), agreed with [para. 46].

R. v. Michaud (1982), 17 M.V.R. 210 (Que. Sup. Ct.), refd to. [para. 47].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(i) [paras. 2, 7-8, 21-23, 30, 50].

Motor Vehicle Administration Act, R.S.A. 1980, c. M-22, sect. 17 [para. 38]; sect. 109 [paras. 4-5, 31, 37, 50].

Counsel:

R.P. Marceau, for the applicant;

H. Kushner, for the respondent.

This application was heard before McFayden, J., of the Alberta Court of Queen's Bench, Judicial District of Peace River, whose decision was delivered at Edmonton, Alberta, on February 9, 1987: