Things You Should Know About Curative Discharge In Canada
November 4, 2020
A curative discharge is a particular discharge type granted to individuals charged with driving over .08 or impaired driving and require remedial treatment. This specific kind of release isn’t a get-out-of-jail-free card. It is reserved for people who need curative treatment due to their alcohol addiction.As per Section 255(1) of the Canadian Criminal Code, the court may grant a curative discharge in specific conditions where an individual requires treatment. Also, awarding such conditional release wouldn’t be contrary to the public interest.Apart from the curative aspect, a curative discharge also allows a person to avoid a conviction related to a criminal offence under Section 253 of the Canadian Criminal Code. In addition to that, a judge can also prevent obligatory minimum sentence requirements when granting this specific discharge type.Besides a criminal record, individuals convicted of a DUI offence will get an obligatory one-year driving suspension, a monetary fine of at least $1000.00, and a 30% victim surcharge. Nonetheless, a curative discharge can allow the offender to avoid a criminal offence conviction if they can prove that they required curative treatment at the time of the felony.While a curative discharge can be received by an individual charged with driving under the influence, it cannot be received by someone who has been convicted of a breath sample refusal offence. Upon receiving a curative discharge, you’ll have to serve a probationary period requiring you to fulfil all conditions like keeping the peace, reporting to a probation service, refraining from consuming or selling alcohol, and displaying good behaviour.
How Can I Get A Curative Discharge?
As a curative discharge is a peculiar sentencing measure, it’s not usually that easily granted to an accused. Suppose you want to get a curative discharge. In that case, you’ll need to set a date in court usually 4 to 6 months down the line, to give yourself enough time to get the required evidence to support your application.For you to successfully apply for a curative discharge, you’ll need to fulfil the following vital things:- A medical proof form from a medical doctor certifying that you were addicted to alcohol at the time you committed the DUI offence under consideration
- A confirmation that you’ve received intensive curative treatment after the DUI offence – this will usually include evidence that you’ve indeed completed detox or in-patient treatment, and now seek ongoing support and counselling from an addictions support group
Factors That Affect The Final Decision About Granting A Curative Discharge
When deciding whether or not to grant you a curative discharge is in the best interest of the public, the judge will usually consider the following vital things:- Your prior criminal record, and whether you’ve any other alcohol-related felonies on your record
- The likelihood of your rehabilitation following your treatment;
- How motivated you are to complete the program and avoid driving again under the influence; and,
- The circumstances of your offence, especially whether you caused any damage to other people or property
