This article was last updated on April 16, 2022
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A ruling of The Supreme Court of Canada has accepted an appeal today for confiscating the vehicle of a repeat drunk driver, which outdoes a previously ruling announced by a lower-court. The panel gave a unanimous decision, with complete and utter majority of 7-0 vote, on Thursday announcing that a previous Quebec court ruling was wrong in denying the forfeiture order.
The vehicle belong to a Alphide Manning, who arrested near Baie-Comeau in April 2010, after which he pleaded guilty in front of two counts during trial. He was indicted with impaired driving and sentenced to 12 months imprisonment for one charge and five months imprisonment for the other. The Crown decided to seize his truck, while Manning appealed that the loss of the $1,000 vehicle, which was allegedly his only asset, would be excessively cruel. The Quebec Court of Appeal denied a Crown appeal of the decision.
Now the case was heard in The Supreme Court of Canada, after which the decision stated that “we are not satisfied that the impact of the order of forfeiture sought by the Crown was disproportionate.” The justices disclosed that Manning’s diving record shall be put into consideration and “the trial judge erroneously emphasized Mr. Manning’s personal circumstances and failed to give appropriate weight … to Mr. Manning’s criminal record, including five convictions on alcohol-related driving offences and three for breaches of probation orders or undertakings.” This ruling is announced during an ongoing crack down of drunk driver by the Quebec government, by making a routine of vehicle seizures.
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