What is a curative discharge in relation to an impaired driving charge?
A curative discharge is another name for a conditional discharge given to individuals who are found guilty of drunk driving. Under s. 255(1) of the Criminal Code of Canada, a curative discharge may be given where the person is in need of treatment for an addiction and the order is not contrary to the public interest. If a person is given a curative discharge, they will not have a conviction on their record for that offence.
Curative discharges are usually reserved for repeat offenders as they are more likely to require treatment for alcoholism. R. v. Schreyer, 2013 MBPC 71 provides a thorough overview of the tests used to determine if an individual will be given a curative discharge.
For more information about the different charges associated with Drinking and Driving, click here.
For more information about sentencing for driving impaired charges, click here.
To read TR&Co’s article about approved screening devices and breathalyzer machines, click here.
*Note: The information on this page is for general knowledge and is not legal advice.