A First Nations woman pleaded guilty to multiple drinking and driving offences and related charges.
The court found that Ontario's failure to proclaim the curative discharge provision violated the equality rights of Indigenous offenders under the Charter.
The court applied a remedial approach under s. 24(1) of the Charter and granted curative discharges on the impaired driving counts, finding that intensive culturally-based treatment through an accredited NNADAP facility was in the public interest.
The decision emphasizes the intergenerational trauma stemming from residential schools and the need for a realistic, progressive approach to assessing treatment success for Indigenous offenders.
