Godbout v. Driver Control Bd., (1998) 214 A.R. 137 (QB)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 29, 1998
• Citations: (1998), 214 A.R. 137 (QB)

Godbout v. Driver Control Bd. (1998), 214 A.R. 137 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. FE.041

Robert F. Godbout (applicant) v. Driver Control Board (respondent) and The Attorney General of Alberta (intervener)

(Action No. 9701-15366)

Indexed As: Godbout v. Driver Control Board (Alta.)

Alberta Court of Queen's Bench

Judicial District of Calgary

Moshansky, J.

January 29, 1998.

Summary:

Following a motor vehicle accident, God­bout was charged with impaired driving, driving while having an excessive blood-alcohol level and impaired driving causing bodily harm. Godbout pleaded not guilty to the charges. The Driver Control Board in­def­initely suspended Godbout's Class 3 driv­er's license and upheld that decision on appeal. Godbout appealed the Board's deci­sion.

The Alberta Court of Queen's Bench quashed the Board's decision and reinstated Godbout's driver's license pending the dis­position of the criminal charges against him.

Civil Rights - Topic 4302

Protection against self-incrimination - Right to remain silent - [See Civil Rights - Topic 4908 ].

Civil Rights - Topic 4908

Presumption of innocence - Circumstances infringing presumption - Following a motor vehicle accident, Godbout was charged with impaired driving, driving while having an excessive blood-alcohol level and impaired driving causing bodily harm - Godbout pleaded not guilty to the charges - The Driver Control Board in­def­initely suspended Godbout's Class 3 driv­er's license and upheld that decision on appeal - At both the initial inquiry and the appeal hearing before the Board, the Board re­peatedly questioned Godbout about the criminal charges, despite the objections of Godbout's counsel - The Alberta Court of Queen's Bench held that the Board's actions breached Godbout's right to remain silent under s. 11(c) of the Charter and the presumption of innocence under s. 11(d) of the Charter - The court quashed the Board's decision and reinstated Godbout's driver's license pending the disposition of the criminal charges against him.

Constitutional Law - Topic 6443

Federal jurisdiction (s. 91) - Criminal law -General - Matters criminal in nature - Following a motor vehicle accident, God­bout was charged with impaired driving, driving while having an excessive blood-alcohol level and impaired driving causing bodily harm - Godbout pleaded not guilty to the charges - The Driver Control Board indefinitely suspended Godbout's Class 3 driver's license and upheld that decision on appeal - At both the initial inquiry and the appeal hearing before the Board, the Board repeatedly questioned Godbout about the criminal charges - The Alberta Court of Queen's Bench held that the Board's actions were singularly focused on the criminal charges laid against Godbout and that there was, in pith and substance, a major intervention by the Board into the federal field of criminal law, an area where it had no business to be - See paragraphs 18 to 32.

Motor Vehicles - Topic 7225.2

Licensing and regulation of drivers - Licence - Suspension of - Pretrial suspen­sion - [See Civil Rights - Topic 4908 and Constitutional Law - Topic 6443 ].

Cases Noticed:

Pezim v. British Columbia Securities Com­mission et al., [1994] 2 S.C.R. 557; 168 N.R. 321; 46 B.C.A.C. 1; 75 W.A.C. 1; 114 D.L.R.(4th) 385, refd to. [para. 13].

Starr et al. v. Houlden, [1990] 1 S.C.R. 1366; 110 N.R. 81; 41 O.A.C. 161; 68 D.L.R.(4th) 641, refd to. [para. 17].

Stromberg v. Law Society of Saskatchewan et al., [1996] 3 W.W.R. 389; 139 Sask.R. 182 (Q.B.), refd to. [para. 17].

Prince Edward Island (Secretary) v. Egan, [1941] 3 D.L.R. 305 (S.C.C.), dist. [para. 24].

Ross v. Registrar of Motor Vehicles and Ontario (Attorney General) (1973), 1 N.R. 9; 42 D.L.R.(3d) 68 (S.C.C.), dist. [para. 25].

Bulmer v. Alberta (Solicitor General) and Registrar of Motor Vehicles (Alta.) (1987), 76 A.R. 194; 36 D.L.R. 688 (Q.B.), dist. [para. 25].

O'Hara and Kirkbride v. British Columbia, [1987] 2 S.C.R. 591; 80 N.R. 127; 45 D.L.R.(4th) 527, refd to. [para. 30].

R. v. Wigglesworth, [1987] 2 S.C.R. 541; 81 N.R. 161; 61 Sask.R. 105; 24 O.A.C. 321; [1988] 1 W.W.R. 193, refd to. [para. 30].

Horsefield v. Registrar of Motor Vehicles (Ont.) (1997), 30 O.T.C. 138 (Gen. Div.), refd to. [para. 31].

Cardinal and Oswald v. Kent Institution (Director) [1985] 2 S.C.R. 643; 63 N.R. 353; 49 C.R.(3d) 35; [1986] 1 W.W.R. 577, refd to. [para. 34].

R. v. Stinchcombe, [1992] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161; 68 C.C.C.(3d) 1, refd to. [para. 35].

Hirt v. College of Physicians and Surgeons (B.C.) (1986), 34 D.L.R.(4th) 331 (B.C.C.A.), refd to. [para. 41].

Miller v. Saskatchewan Psychiatric Nurses Association (1992), 103 Sask.R. 61 (Q.B.), refd to. [para. 41].

R. v. Chambers (No. 2), [1990] 2 S.C.R. 1293; 119 N.R. 321; 59 C.C.C.(3d) 321, refd to. [para. 43].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(c), sect. 11(d) [para. 34].

Counsel:

Lionel Whittaker (Blake, Cassels & Gray­don), for the Driver Control Board;

Mark Morrison, for the applicant, Robert F. Godbout;

James Baird, for the Attorney General of Alberta.

This appeal was heard before Moshansky, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on January 29, 1998.