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The Applicability of Charter Protection to Traffic Safety Laws

Source: ABlawg

The Applicability of Charter Protection to Traffic Safety Laws




By: Nicholas KonstantinovPDF Version: The Applicability of Charter Protection to Traffic Safety Laws Case Commented On: Sahaluk v Alberta (Transportation Safety Board), 2017 ABCA 153 (CanLII) In Sahaluk v Alberta (Transportation Safety Board), Mr. Justice Slatter, writing for the majority (Madam Justice Bielby concurring; Madam Justice Paperny dissenting), examined the constitutionality of Alberta’s recent amendment to the Traffic Safety Act, RSA 2000, c. T-6 (the ‘Act’), specifically section 88.1. The amendment eclipsed previous provincial administrative licence suspension regimes for impaired driving in its manner and degree of punishment, raising inquiries into whether the province overstepped its legislative power and whether it complied with the Canadian Charter of Rights and Freedoms. Using evidence pertaining to the objectives and effects of the amended licence suspension scheme, Justice Slatter allowed the appeal of the chamber’s judge’s decision upholding the law, and declared that while section 88.1 was valid on federalism grounds, it was in…



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