The Crown appealed a sentence imposed for an impaired driving offence involving operation with blood alcohol exceeding the legal limit.
The sentencing judge reduced the statutory one‑year driving prohibition to account for pre‑sentence bail conditions that prevented the respondent from driving.
The court held that amendments to s. 320.24 of the Criminal Code make driving prohibitions prospective only and require them to take effect on the date the order is made.
As a result, sentencing judges have no authority to reduce the mandatory minimum prohibition to reflect pre‑sentence conditions or administrative suspensions.
Although the appeal was allowed, the mandatory 12‑month prohibition had already expired, rendering the practical effect of the ruling moot.
