Before December 18, 2018, individuals charged with impaired driving in Canada had access to a unique sentencing alternative known as the curative discharge. This legal tool allowed certain offenders struggling with addiction to receive treatment instead of a criminal conviction, provided that doing so aligned with the public interest.
Though this option no longer exists under Canadian law, understanding what the curative discharge was—and why it was removed—offers important insight into how impaired driving cases were once handled. It also underscores ongoing concerns about how the justice system treats individuals with addiction-related offences today.
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What Was a Curative Discharge?
A curative discharge was a special form of conditional discharge available under the now-repealed section 255(5) of the Criminal Code. It applied specifically to individuals found guilty of impaired driving under former section 253. If the sentencing judge was satisfied that:
- The individual needed curative treatment for alcohol or drug use, and
- Granting a discharge would not be contrary to the public interest,
then the judge could discharge the offender under section 730, sparing them a criminal record and instead imposing treatment conditions through probation.
This approach recognized that addiction is fundamentally a health issue—not just a matter for punishment.
Legal Requirements for a Curative Discharge
To obtain a curative discharge, the following criteria had to be met:
- Expert Evidence: The offender was required to provide medical or other expert evidence—often from an addictions counsellor, psychologist, or physician—demonstrating a genuine need for treatment and the likelihood of rehabilitation.
- Public Interest Analysis: Courts considered several factors when assessing whether the discharge was appropriate in the public interest. These included:
- Whether the incident involved a collision, injury, or death;
- The offender’s motivation for treatment and evidence of change;
- The availability and quality of the treatment program;
- The likelihood of rehabilitation and future sobriety; and
- The person’s criminal and driving record, particularly past impaired charges.
As the Alberta Court of Appeal explained in R. v. Storr, 1995 ABCA 301 at paras 17–22, the decision to grant a curative discharge involved a careful balancing of individual rehabilitation and public safety.
Importantly, curative discharges were not available for repeat offenders seeking a second discharge or where the offence involved death or serious injury.
DUI charges carry serious consequences. Speak to a criminal defence lawyer now at (306) 994-9522.
Why Was Curative Discharge Abolished?
As part of sweeping reforms to Canada’s impaired driving laws, the curative discharge was removed from the Criminal Code on December 18, 2018, with the introduction of section 320.23. This new provision replaced the former regime with a sentencing delay option that:
- Requires the offender to attend a provincially approved treatment program,
- Demands successful program completion to avoid the mandatory minimum sentence, and
- Does not permit a discharge—even upon success.
This change was justified under section 320.12, which frames impaired driving as a threat to public safety and declares that driving is a privilege, not a right.
In R. v. Storr (1995 ABCA 301), the court highlighted how curative discharges had served a dual role: supporting public safety by reducing recidivism, and recognizing the unique rehabilitative needs of addicted individuals.
Moving Forward: Sentencing Alternatives Under the New Law
Although the curative discharge has been abolished, sentencing judges still have some discretion. Under section 320.23, the court may:
- Delay sentencing to allow for treatment participation,
- Consider treatment completion as a mitigating factor, and
- Choose not to impose the minimum sentence (in some cases).
However, no discharge is available, and the offence will remain on the offender’s record—often carrying serious consequences for employment, immigration, and travel.
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An experienced criminal defence lawyer is essential when facing an impaired driving charge. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
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Don’t hesitate to reach out to us if you have been charged with impaired driving. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.