Does the conclusion breach secton 15 of the Charter (breach equality rights)?
J.D. Wake J. held that the Canada DUI laws (section 253 of the Criminal Code) does not make a distinction between people reliant on motorized wheelchairs and people who don’t need motorized wheelchairs. Next, the comparison group used by the accused was able-bodied persons who consumed too much alcohol. This comparison for equality breach did not persuade the Court because the accused was mobile without a motorized wheelchair. Also, people walking and impaired in public places can be charged with other criminal offences other than a DUI laws such as mischief.
