Curative Discharges (Until December 13, 2018)
The curative discharge is a category of the discharge in relation to motor-vehicle offences:
This provision has not been proclaimed in BC, Ontario, Quebec, Newfoundland. Failure to proclaim is constitutional.
For a discharge to be granted, the following must be present:
- Court must hear evidence of a medical or similar nature;
- court must be of the opinion that the client is in need of curative treatment in relation to alcohol or drug use;
- court must be of an opinion that the discharge would not be contrary to the public interest.
Consideration should be given to:
- the circumstances of the offence (whether accident, serious injury, death);
- the bona fide motivation of the offender as an indication of probable benefit of treatment;
- the availability and calibre of proposed treatment facilities and ability to participate therein;
- probability of success of treatment;
- the criminal record of the offender
- Public Interest
Factors to consider on the issue of public interest include:
- good faith of the accused
- past criminal record
- presence of a driving prohibition at the time
- whether there was a previous discharge given
Other factors considered:
- the necessary program is available
- the program is likely to be successful
- the accused is motivated to overcome alcoholism
- When Not Available
Curative discharges are not appropriate where the charge occurred while the offender was subject to a previous treatment discharge.
R v Alton, 1989 CanLII 7221 (ONCA), 53 CCC (3d) 252, per Zuber JA - failure to proclaim s. 255 does not violate s. 15 of the Charter
R v Hobbs, 2010 ONCJ 460 (CanLII), per Cooper J
cf. R v Pickup, 2009 ONCJ 608 (CanLII), per SD Brown J
R v Ashberry, 1989 CanLII 7230 (ONCA), CR (3d) 341(ONCA), per Griffiths JA
R v Brown, 1999 CanLII 13991 (SK PC), per Goliath J
- R v Storr, 1995 ABCA 301 (CanLII), per Fraser CJ, at para 17
- R v Conn, 2004 MBCA 22 (CanLII),  MJ No 413 (MBCA), per Freedman JA
Section 730(4) permits the Court, on application by the Crown, to revoke a curative discharge order.
The revocation for curative orders applies the same test as would be applied to revoke any type of probation order.
The Court may consider any post-sentence conduct as a factor in deciding whether to revoke the order.