The applicant pleaded guilty to impaired driving and driving with more than 80 milligrams of alcohol in 100 millilitres of blood.
At sentencing, the applicant sought a declaration that Ontario's failure to proclaim section 255(5) of the Criminal Code—which would allow for a curative discharge for those in need of treatment for alcohol or drug addiction—violated sections 7, 12, and 15 of the Canadian Charter of Rights and Freedoms.
The applicant argued that the unavailability of this provision in Ontario, while available in other provinces and territories, constituted discrimination and cruel and unusual punishment.
The court dismissed all constitutional challenges, finding itself bound by prior appellate authority and determining that the applicant's arguments amounted to indirect attacks on mandatory minimum sentencing provisions.
