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fredr123 · 10-24-2006, 05:16 PM

Gonzalez v. Alberta (Driver Control Board) 2001 ABQB 757, affirmed [2003] A.J. No. 1115 (Alta. C.A.), appeal dismissed without reasons by the Supreme Court of Canada on April 22, 2004.

The issue with administrative license suspensions for drivers under suspicion of alcohol related driving has been judicially considered. It was upheld on appeal by our Court of Appeal. The SCC dismissed the further appeal without reasons. Game. Set. Match. For now...

Here's what the Court of Queen's Bench concluded in the Gonzalez case:

CONCLUSION

[120]In conclusion, the administrative licence suspension regime set up under the Safety Control Act is intra vires the Province of Alberta, and is not subject to challenge under the Charter of Rights. In the Gonzalez matter, the decision of the Driver Control Board does not disclose any reviewable error. In the result, the applications of Gonzalez and Seveny must be dismissed. For the reasons given the suspension of Hay’s license is quashed and the matter is remitted to the Board for reconsideration. The stay of the suspension granted to Hay is extended until the Board renders its decision.

[121]In order to give counsel time to advise their clients of this decision, and the consequences thereof, the stays of the licence suspensions previously granted to Gonzales and Seveny are hereby extended to September 20, 2001. The suspensions will therefore commence on September 21, 2001, and continue for the unexpired portion of the 90-day period. Those Applicants shall surrender their licences to the Registrar on or before September 20, 2001. Any issues with respect to the calculation of exactly how much of the suspension remains unserved I remit back to the Driver Control Board.

10-24-2006, 05:16 PM	#130
fredr123 Franchise Player Join Date: Apr 2004 Exp:	Gonzalez v. Alberta (Driver Control Board) 2001 ABQB 757, affirmed [2003] A.J. No. 1115 (Alta. C.A.), appeal dismissed without reasons by the Supreme Court of Canada on April 22, 2004. The issue with administrative license suspensions for drivers under suspicion of alcohol related driving has been judicially considered. It was upheld on appeal by our Court of Appeal. The SCC dismissed the further appeal without reasons. Game. Set. Match. For now... Here's what the Court of Queen's Bench concluded in the Gonzalez case: CONCLUSION [120]In conclusion, the administrative licence suspension regime set up under the Safety Control Act is intra vires the Province of Alberta, and is not subject to challenge under the Charter of Rights. In the Gonzalez matter, the decision of the Driver Control Board does not disclose any reviewable error. In the result, the applications of Gonzalez and Seveny must be dismissed. For the reasons given the suspension of Hay’s license is quashed and the matter is remitted to the Board for reconsideration. The stay of the suspension granted to Hay is extended until the Board renders its decision. [121]In order to give counsel time to advise their clients of this decision, and the consequences thereof, the stays of the licence suspensions previously granted to Gonzales and Seveny are hereby extended to September 20, 2001. The suspensions will therefore commence on September 21, 2001, and continue for the unexpired portion of the 90-day period. Those Applicants shall surrender their licences to the Registrar on or before September 20, 2001. Any issues with respect to the calculation of exactly how much of the suspension remains unserved I remit back to the Driver Control Board.