I was surely not surprised to see the decision of the Alberta Court regarding the immediate suspension of an individual’s drivers license in an impaired driving event. I do agree with the court’s decision. This in that we must be always be vigilant in the care of our basic rights. This sometimes regardless of a “however justified” emotional response. All of our rights must be protected within the framework of the Canadian Charter of Rights and Freedoms. We as citizens should expect nothing less from the Courts. At that same time however, it is our absolute responsibility to challenge the wisdom of the court should we see reason to do so.
Regarding impaired driving.
As I have for many years, I would suggest again as a major part of the solution.
#1) demand that the “over service” of alcohol stop immediately. (consistent AGLC Proserve)
#2) demand that the promotion of the same stop immediately.
Demand that the AGLC or applicable organization is held to account for the monitoring thereof.
Demand that Police have the resources available to respond with the AGLC in areas of concern. (ie: sports events)
#3) if an individual is caught and is convicted of impaired driving and no one is hurt, and no property has been effected the individual with no exceptions is assigned to 1000 hours of community service. This to be served in a reasonable but not immediate time as set out by a predetermined standard. The individuals license is reinstated at the successful completion of the individuals community service hours. If another individual is injured or killed the individual will be tried within the laws that exist. The conviction to include the indefinite suspension of the individual’s right to drive. Further, this to include any financial restitution as the court sees fit.
#4) if an individual is caught impaired while under suspension or is caught impaired once again after the individuals license has been reinstated and convicted accordingly, the individuals license to drive is suspended indefinitely. If again no one was hurt and no property was effected, the individual is assigned to 5000 hours of community service to be completed within 10 years to follow the date of conviction. If someone is injured or killed the individual will be tried within the laws that exist. The conviction to include the indefinite suspension of the individual’s right to drive. Further, this to include any financial restitution as the court sees fit.
#5) If an individual licensed establishment is caught and it is found to have in fact over served alcohol, the same community service assignment of 1000 hours applies to the owner or 1000 hours each to the owners should the individual establishment be owned by an entertainment group.
#6) If the Individual establishment is caught a second time and found to have in fact over served alcohol a second time, there is an immediate and indefinite loss of the right to serve alcohol. Further, there is an assignment to the owner of 5000 hours of community service to be completed within 10 years. If this offense is applicable to an entertainment group on the second offense, all partners lose their licensing ability individually or as a part of any future entertainment group to serve alcohol indefinitely. Further, each individual partner is assigned to 5000 hours of community service to be completed within 10 years.