Month: February 2025

  • IRS NetLetter Alberta – Legal Insights on Impaired Driving

    ByShannon Gunn Emery Hours

    IRS NetLetter Alberta – Legal Insights on Impaired Driving Gunn Law Group has found a unique way to ring in the new year. Starting in January 2025, once a month, the lawyers at Gunn Law Group will be collaborating to offer the public an IRS NetLetter addressing the evolution of impaired driving law in Alberta. An IRS refers to an Immediate Roadside Sanction, also known as a Notice of Administrative Penalty (NAP). As most of you know, in Alberta, a driver who is stopped for the first time on an allegation of an alcohol-related driving offence will not normally receive criminal charges unless there was an accident or some other significant aggravating circumstance. Usually, the person will receive an administrative sanction which can be appealed….

  • SafeRoads NetLetter February 2025

    ByGurpreet Singh Hours

    Kolner v Alberta (Director of SafeRoads)2024 ABKB 456 – per Bokenfohr A parallel investigation means compliance with both criminal and administrative rules Kolner was arrested and read his Charter rights. He asserted his right to counsel and the police then ignored his answer and went on with the roadside appeal. Held: Judicial Review allowed in part, but the NAP was confirmed. Justice Bokenfohr applied other judicial review decisions and concluded the right to counsel had been breached. The values underlying Charter rights must be respected in the SafeRoads regime. Once the driver was arrested, he was entitled to his right to counsel. However, at the time Kolner was decided by the Adjudicator, the law on the application of the Charter in SafeRoads cases was uncertain….

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