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OTTAWA (CP) — The
criminal justice syste got
asharp jolt this week as the
Supreme Court of Canada

' . suled that driving with a

suspended licence is not a
criminal offence.

|The ruling means that

never again will a driver
‘whe has failed to pay a
parking ticket find himself

“saddled with a criminal

record.

“What the ruling does is
_wipe out every single
_ charge ‘of driving while
disqualified in the coun-
try,'’ Julius Melnitzer, the

* London, Ont., lawyer who

won the case, said in an
interview Wednesday.

In Ontario, Crown
prosecutors were in-
structing police to place
such: charges under the
Highway Traffic Act —
maximum penalty $500 fine
— rather than the Criminal
Code section — maximum
penalty two yecrs in jail —
that was ruled uncon-
stitutional by the court
Tuesday.

Melnitzer said there

were 550 Criminal "Code
charges of driving while
disqualified in London last
- year, -He: estimated: that
perhaps 25,000 charges
. ACTORS Canada will have to
be dropped or placed under
provincial statutes.

The offence was placed
in the code in 1939 as a way
of keeping dangerous

_ Grivers off the highway.
Mr. Justice Willard Estey,
in a decision supported by
six other justices, said that
is a legitimate goal of
criminal law.

‘But he said it is uncon-
stitutional to apply _a
ctiminal sanction to
provincial offences. He

noted that in Ontario there’

are 21 provisions under
which a licence might be
suspended -— none of them
criminal.

Melnitzer expanded on
this. :
“Let's say a fellow

doesn’t pay his parking -

ticket. In Ontario that
means his licence can be
suspended. So he's driving
along and a policeman

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__ stops him and charges him
with:

‘driving — _ while

disqualified.

"All of a sudden, be's got

a criminal record.”
» Melnitzer says the court,
in effect, has told
Parliament to stop
creating offences under the
guise of criminal law.
-One example mentioned
in Estey’s judgment was a
149 case in which the court

ruled unconstitutional a
. federal. law that. made ~
selling margarine a_crime, |

" Estey quoted Mr. Justice
Ivan J. Band's definition of

‘erlme in. the margarine
_ ease:

“Is ‘the prohibition ‘on :
margarine) then enacted:
with a view to a public ©

faupose which can support

. it as being in relation to .

criminal law?-

“Hublic peace, order,

security, health, morality:
These are. the. ordinary

though not exclusive ends -
served by thdt. law, ‘but.
. they donot appear to be the .

object of the parliamentary
action here."

_ Estey, ruling on the dis- -
qualification law, said:-
“There can be no readily

discernible community

interest in the crim- |

inalization of the ad-

- ministration of a wholesale: °
orretail licensing system."’. -

“This judgment is pretty
strong stuf!,"- Melnitzer
said. “It overrules courts

of appeal in Ontario, Nova

—

ace
@ \ compos

Suspended driving no y longer. an offense _

"Scotia . and a western |

province. All of them had

-Tuled that’ the section is

“The courts are getting
fed up with matters that

are tangentially criminal -
being dragged before .,
tt em," ot vk

.

House painter John

Boggs of London was ‘9
Melnitzer's client. The . .g
‘ muting means that his con- . §

viction for driving while

_oqtalfed is theown oot.

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