What is a Curative Discharge?

A curative discharge is a form of condition discharge available to individuals charged with impaired driving or driving over 0.08. Curative discharges are not a get out of jail free card and are reserved for individuals who are in need of curative treatment as a result of their addiction to alcohol. Under section 255(1) of the Criminal Code, a curative discharge may be given where the individual is in need of curative treatment and would not be contrary to the public interest.

In addition to the curative aspect of the sentence, a curative discharge allows an individual to avoid the entry of a conviction of an offence under section 253 of the Criminal Code. Additionally, a judge can avoid the mandatory minimum sentence requirements when imposing a curative discharge.

The Test for Curative Discharge Applications
In order to make an application for a curative discharge, an accused must provide medical documentation indicating that he or she suffers from an alcohol addiction or dependence. The accused must also provide documentation of all rehabilitative steps taken in an effort to combat their alcoholism. It is generally recommended that an accused attend an in-patient rehabilitation facility and have the institution provide a detailed report. In circumstances where an accused can’t attend a rehabilitation facility, documentation of all out-patient counselling and rehabilitation session must be provided.

In addition to the medical documentation required, a judge will consider the following:

1. The circumstances of the offence and whether the accused was involved in an accident which caused death, bodily harm or significant property damage.
2. The bona fides of the offender. Although this goes directly to the issue of motivation, the Court should determine if such motivation is, in whole or in part, the result of the threat of impending incarceration. If the efforts at rehabilitation are made in response to this threat, these efforts should carry little weight since the moment that the threat is removed, one can reasonably expect that the motivation would diminish.
3. The criminal record of the accused as it relates to alcohol-related driving offences. Obviously if an accused’s alcohol-related driving behavior has not improved despite prior Court sanctions, there is an increased risk of the behavior being repeated which warrants a sentence emphasizing specific and general deterrence.
4. Whether the accused was subject to a driving prohibition at the time of the offence. If he was, this demonstrates a lack of respect for Court orders and increases the likelihood that the accused will ignore Court orders respecting his curative treatment.
5. Whether the accused has received the benefit of a prior curative discharge and what, if anything, the accused has done to facilitate his rehabilitation under the prior discharge.

Curative discharge applications are a complicated and time-intensive process requiring an experienced defence lawyer to properly represent your interests.

About Cory Wilson

Cory has represented individuals from all walks of life including lawyers, police officers, athletes, corporate executives, teachers, and everything in between. Cory believes in access to justice for every person charged with a criminal offence regardless of their economic background.