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Supreme Court of Canada

Criminal law—Impaired driving—Conviction—Charge of driving while disqualified—Notice to accused required to effect suspension of licence—Criminal Code, R.S.C. 1970, c. C-34, s. 238—The Motor Vehicle Administration Act, 1975 (Alta.), c. 68, ss. 19, 109.

APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division[1], dismissing an appeal by the Crown from the accused’s acquittal on a charge of driving while disqualified contrary to s. 238(3)  of the Criminal Code . Appeal dismissed.

B. Pannu, for the appellant.

Mrs. B. Mclsaac, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mrs. Mclsaac. We are all of the opinion that the Alberta Appellate Division was correct in its conclusion that the relevant Alberta legislation required notice to the accused to effect a suspension of his licence upon his conviction of a charge of impaired driving under s. 236  of the Criminal Code . The appeal is, accordingly, dismissed.

Judgment accordingly.

Solicitor for the appellant: The Attorney General for Alberta.

Solicitors for the respondent: Hennessy & Sillito, High Prairie.


[1] (1977), 38 C.C.C. (2d) 259.



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