The accused was charged with impaired operation and having a blood alcohol concentration over 80mg/100ml within two hours of driving. However, the DUI charges were dismissed due to procedural fairness issues.
In Russell (Re), 2023 ABSRA 1305, this SafeRoads Alberta re-review involved a Notice of Administrative Penalty (NAP) issued following a single-vehicle collision in Edmonton. The accused was charged with impaired operation and having a blood alcohol concentration over 80mg/100ml within two hours of driving.
The case underwent judicial review after the original adjudicator’s decision was quashed by the Court of King’s Bench on January 11, 2023. A new adjudicator conducted the re-review pursuant to a Consent Order filed June 19, 2023.
Rory Ziv, Edmonton criminal defence attorney, represented the accused through written submissions.
The adjudicator applied the recent precedent from Smit v Alberta (Director of SafeRoads), 2023 ABKB 435, which established that SafeRoads proceedings are procedurally unfair unless the Director provides disclosure of police audio and video footage or confirms it doesn’t exist.
The NAP was cancelled due to procedural unfairness. The Director failed to meet the disclosure requirements established in Smit, and it was too late to provide proper disclosure while maintaining statutory timelines and fair notice to the recipient.
There was a complete cancellation of the administrative penalty, with the recipient eligible for licence restoration and vehicle release. The decision demonstrates the importance of procedural fairness in administrative proceedings and the impact of the Smit precedent on SafeRoads cases.
