Sentencing

• Author: Nathan Baker
• Pages: 209-212

CHAPTER

14

Sentencing

While

the

mandatory

minimums

relating

to

impaired

driving

apply

equally

to

both

drug-impaired

and

alcohol-impaired

driving

at

the

current

time,

the

amendments

that

are

expected

to

occur

shortly

will

have

some

effect

on

this.

The

elimination

of

the

availability

of

conditional

discharges

for

such

offences

will

give

a

greater

number

of

accused

an

incentive

to

fight

such

charges.

However,

given

the

unavailability

of

curative

dischar



ges

in

some

provinces

and

their

poor

uptake

in

other

areas,

this

may

have

little

effect

overall.

What

does

change

pursuant

to

the

new

amendments

is

the

ability

of

a

judge

to

impose

a

sentence

less

than

the

prescribed

minimums,

where

participation

in

rehabilitative

programming

occurs.

This

can

apply

to

either

or

both

of

the

fine

and

the

driving

prohibition

periods.

Although

the

availability

of

alcohol

interlock

programs

and

the

ability

to

enroll

in

them

immediately

after

a

plea

may

encourage

many

first-time

alcohol-im



paired

drivers

to

plea

at

an

early

opportunity,

the

lack

of

such

programs

for

drug-impaired

drivers

may

encourage

participation

in

a

rehabilitative

program

to

avoid

a

longer

loss

of

licence.

The

impact

of

provincial

sus



pensions

and

the

availability

of

such

programming

province-to-province

will

have

significant

impact

once

the

provincial

and

territorial

govern



ments

have

their

say.

The

imposition

of

a

mandatory

driving

federally

imposed

criminal

pro



hibition

pending

completion

of

such

a

program

is

offset

to

some

degree

209