R. v. K.K.S.

(Grande Prairie, P.C. - Impaired Driving). KKS was charged with impaired driving out of Grande Prairie. This accused was also served a "Notice of Administrative Penalty"/Roadside Sanction.  KKS accepted the consequences of the roadside sanction, which included an administrative fine, the impoundment of the conveyance/motor vehicle, a 90 day suspension, with an additional period of suspended or restricted driving. 

Notwithstanding that KKS accepted the roadside sanction, there were still a number of Constitutional issues. Since roadside sanctions are administrative in nature, the Canadian Charter of Rights and Freedoms has limited application. Within the criminal law; however, the Charter is theoretically fully respected. 

As a result of the roadside sanctions, the fact that KKS completed self directed counselling and had live Charter issues with respect to the criminal case, the Prosecutor exercised her public interest power and stayed the charges. The lesson in KKS is that it is often in an accused's best interest to take self directed counselling steps because they can inspire expedited, peaceful and less costly criminal law resolutions.

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