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By LegalMatters Staff • In 2020 the Alberta government brought in the Immediate Roadside Suspension (IRS) program and many impaired driving offences are now dealt with administratively instead of going through the criminal justice system.
The government claimed this change “will keep our roads safer by providing serious and immediate consequences for all impaired drivers,” but some people question if this legislation tramples on some fundamental rights.
Calgary defence lawyer Vincent Semenuk says he believes the only reason the government implemented the IRS system is to generate revenue while simultaneously saving money by not prosecuting individuals through the courts.
“They have achieved this goal by decriminalizing impaired driving,” notes Semenuk.
He expressed concern that an accused’s fundamental right to a fair and full defence is denied in this administrative system since fines are levied immediately.
“The onus of proof has shifted to the driver to show that the police did not have grounds to issue the penalty. This means you are guilty until proven innocent,” says Semenuk. “The only way to prove your innocence is if you meet one of the grounds of cancellation found in s.4 of the Saferoads Regulations.”
Motorists who want to challenge the fine only have seven days to do so and they must pay the government a $150 fee for that privilege.
Semenuk says everyone accused of impaired driving should go through the formal criminal court process instead of being given “a very expensive and inconvenient traffic ticket.”
