Supreme Court OKs Seizure of Repeated Drunk Driver's Truck in Quebec Case

By Banerjee, Sidhartha | The Canadian Press, January 17, 2013 | Go to article overview

Supreme Court OKs Seizure of Repeated Drunk Driver's Truck in Quebec Case


Banerjee, Sidhartha, The Canadian Press


Court OKs seizure of drunk driver's truck

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MONTREAL - Canada's highest court has ruled that the state can confiscate the vehicle of a repeat drunk driver, which overturns a lower court verdict.

The Supreme Court of Canada issued the 7-0 decision Thursday after considering the potential reasons for a judge to prevent the seizure of property used during a crime.

The ruling provides ammunition for a plan to increase vehicle seizures, announced this week by the Quebec government. Justice Minister Bertrand St-Arnaud said it provided Quebec's 500 Crown prosecutors with a new tool to implement the plan for more seizures.

But it also takes away a Quebec man's only means of transport and his only real asset.

The justices ruled that a Quebec court was wrong to deny the forfeiture order sought by the Crown against Alphide Manning, who was arrested near Baie-Comeau in April 2010.

It was his fifth conviction for drunk driving. The previous offences occurred in 2009, 1989, 1982 and 1975. He also had three probation violations over that period.

In this latest case, he pleaded guilty to two counts of impaired driving and was sentenced to 12 months on one charge and five months on the other.

Today, Manning is back behind the wheel, his lawyer says.

While his sentence carried a five-year ban from driving, he was eligible to start again after one year if he used an ignition lock system for the remaining four.

The Crown had moved to seize the truck Manning was driving when he was arrested, considering it to be an offence-related property under the Criminal Code.

Manning argued that the loss of his beat-up old truck -- listed as his only asset, worth $1,000 -- would be overly harsh.

He was living in a motel in Chute-aux-Outardes, a small village on Quebec's north shore. Manning, in his 60s, remains on welfare and to this day has no other means of transport.

In an interview, Manning's lawyer said taking away the truck is an unjust punishment for a man who has already served his jail time and can't afford a new vehicle.

Lawyer Patrick Jacques says licence suspensions and ignition locks are better justice tools than vehicle confiscations.

"If you want to ensure public safety on the roads, the anti-ignition lock works," Jacques said. "Confiscating his vehicle only serves to punish him a second time and that goes against the fundamentals of justice."

Manning told the court that he needed the vehicle to get to medical appointments for both himself and his partner. He said he couldn't afford a taxi and got a friend to drive his truck for the roughly 25 kilometre trip to Baie Comeau.

The trial judge ruled that the Crown could not seize the vehicle and the Quebec Court of Appeal upheld that verdict.

But the Supreme Court disagreed, saying the trial judge erred.

"We are not satisfied that the impact of the order of forfeiture sought by the Crown was disproportionate," the decision said. …

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