The Crown appealed the refusal to order forfeiture of a motor vehicle under s. 490.41(3) of the Criminal Code following the respondent's guilty plea to impaired driving.
The respondent had five prior convictions for alcohol-related driving offences and three for breaches of probation orders or undertakings.
The Supreme Court held that the trial judge erred by considering the sentencing objectives under s. 718 when applying the disproportionality analysis under s. 490.41(3), and that the respondent failed to establish the forfeiture would be disproportionate given his extensive criminal record.
The appeal was allowed and the forfeiture order granted.
