INTRODUCTION AND BRIEF DESCRIPTION
This section defines disqualification as a prohibition or legal restriction on operating a motor vehicle, vessel, or aircraft imposed as a result of a conviction or discharge for certain criminal offenses.
SECTION WORDING
259(5) For the purposes of this section, "disqualification" means (a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to any of subsections (1), (2) and (3.1) to (3.4); or (b) a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed (i) in the case of a motor vehicle, under the law of a province, or (ii) in the case of a vessel or an aircraft, under an Act of Parliament, in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (2) and (3.1) to (3.4).
EXPLANATION
Section 259(5) of the Criminal Code of Canada defines the term "disqualification" for the purposes of other subsections within this section. Specifically, disqualification can refer to two types of legal restrictions on a person's right or privilege to operate a vehicle or vessel: 1. Prohibition ordered pursuant to any of subsections (1), (2), and (3.1) to (3.4): These subsections deal with the criminal offenses related to impaired driving, which include driving while impaired by alcohol or drugs, driving with a blood alcohol level over the legal limit, refusing to provide a breath sample, or impaired driving causing bodily harm or death. If a person is convicted of any of these offenses, they may be prohibited from operating a motor vehicle, vessel, or aircraft for a certain period of time. 2. Disqualification or any other legal restrictions imposed under the law of a province or an Act of Parliament for certain convictions or discharges under section 730: Section 730 of the Criminal Code deals with the release of an accused person pending trial or sentencing. If a person is convicted or discharged of certain offenses related to impaired driving or boating, a province may impose a disqualification or other legal restriction on their right to operate a motor vehicle, vessel, or aircraft. Likewise, if a person is convicted of certain offenses related to operating a vessel or aircraft, an Act of Parliament may impose a disqualification or other legal restriction on their right to do so. In summary, section 259(5) provides clarity on what is meant by "disqualification" when it comes to driving or operating a vehicle, vessel, or aircraft under certain circumstances.
COMMENTARY
Section 259(5) of the Criminal Code of Canada is an important provision that outlines the definition of "disqualification" in the context of impaired driving offences. This section is crucial as it sets out the scope of the consequences that can be imposed on offenders who are convicted of impaired driving offences. According to Section 259(5), "disqualification" may include a prohibition from operating a motor vehicle, vessel or aircraft, or any railway equipment ordered pursuant to any of subsections (1), (2) and (3.1) to (3.4). It may also refer to a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed under a provincial law in the case of a motor vehicle or an Act of Parliament in the case of a vessel or an aircraft. Such disqualifications may be imposed in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (2) and (3.1) to (3.4). Subsections (1), (2), and (3.1) to (3.4) of Section 259 of the Criminal Code of Canada deal with the penalties for impaired driving offences, ranging from fines to imprisonment, depending on the severity of the offence. These subsections also outline the minimum and maximum disqualification periods for offenders, according to the nature of the offence and the offender's prior convictions. The purpose of disqualification in impaired driving cases is to protect public safety by removing offenders from the roads, waterways, or skies, who have demonstrated their inability to safely operate a vehicle or vessel due to alcohol or drugs. By prohibiting offenders from driving or operating a vehicle or vessel, the risk of them causing harm to themselves or others is reduced significantly. Moreover, disqualification in impaired driving cases is also intended to serve as a deterrent to others who may be tempted to drink and drive or operate a vehicle or vessel while impaired. The prospect of losing their driving privileges, or their ability to operate a vessel or aircraft, can be a powerful incentive for individuals to think twice before engaging in such risky behaviour. Overall, Section 259(5) of the Criminal Code of Canada plays a significant role in ensuring the safety of the public by defining the concept of disqualification in the context of impaired driving offences. It provides a clear understanding of the consequences that may follow a conviction for an impaired driving offence and serves as a deterrent to others who may be considering engaging in such dangerous behaviour.
STRATEGY
Section 259(5) of the Criminal Code of Canada is a highly complex and sensitive area of law that deals with the disqualification or prohibition of individuals from operating a motor vehicle, vessel, or aircraft due to a conviction or discharge under specific subsections of the Criminal Code. As such, those dealing with this section must be aware of strategic considerations that arise from its application and must employ appropriate strategies to handle them. One of the primary strategic considerations in dealing with this section is the potential impact of a disqualification on the individual's life. A disqualification could result in the loss of employment, difficulty attending school or university, or issues with basic daily tasks such as grocery shopping or attending medical appointments. Therefore, it is essential to consider alternative means of transport such as public transportation, ride-sharing, or carpooling, where necessary. In cases where it is crucial for the individual to have their driving privileges reinstated, legal strategies such as plea bargaining or appealing the conviction could be considered. Another critical strategic consideration when dealing with this section is the potential legal consequences for individuals and organizations working within the transportation industry. For example, if a commercial driver is disqualified from driving, their employer may incur significant financial losses due to the inability to operate their business effectively. In such a scenario, it will be of utmost importance to have a skilled legal representative who could employ negotiation strategies such as mediation or arbitration to reach a settlement or come up with creative solutions that would not harm the business operations or the individual. Furthermore, it is important to note that disqualifications are not always straightforward, and different provinces and territories may have slightly different regulations when it comes to operating certain types of vehicles. Therefore, it is essential to have a thorough knowledge of the applicable laws and regulations and to seek advice from experienced legal professionals. Finally, it is important to consider the potential for rehabilitation when dealing with disqualifications. While disqualification may be a difficult experience for the individual, it can be an opportunity for the person to seek help for personal issues and develop strategies to prevent future offenses. It is critical to encourage individuals to take advantage of any available support systems, counseling, or programs that would enable them to overcome any underlying issues that may have led to their offense. In conclusion, dealing with Section 259(5) of the Criminal Code of Canada requires a skilled and strategic approach. Some of the strategies that could be employed include considering alternative transportation options, exploring legal options such as plea bargaining and appealing convictions, seeking advice from experienced legal professionals, exploring rehabilitation opportunities for offenders, and exploring creative solutions to difficult legal situations. By employing these strategies and taking the right approach, it is possible to achieve the best outcome for all those involved.