For individuals charged with impaired driving in Canada, the curative discharge was once a unique sentencing option that prioritized treatment over punishment. This provision, found in section 255(5) of the Criminal Code, allowed judges to grant a conditional discharge—meaning no criminal conviction would be registered—if the offender demonstrated a need for curative treatment for alcohol or drug addiction and if granting the discharge was not contrary to the public interest.
However, in December 2018, the curative discharge was abolished as part of sweeping changes to Canada’s impaired driving laws.
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How the Curative Discharge Worked
Under section 255(5) of the Criminal Code, a judge could grant a curative discharge if:
- The offender needed treatment for alcohol or drug addiction, and
- Granting the discharge would not be contrary to the public interest.
Key Requirements for a Curative Discharge
To qualify, the offender had to present medical or expert evidence (such as from a doctor, psychologist, or addictions counsellor) proving:
- A genuine need for treatment (e.g., alcoholism or substance dependency).
- A high likelihood of rehabilitation (i.e., the treatment would likely succeed).
- No prior curative discharge for a similar offence (repeat offenders were ineligible).
The judge also had to consider public safety factors, including:
- The circumstances of the offence (e.g., was there an accident causing injury or death?).
- The offender’s criminal record (especially prior impaired driving convictions).
- Whether the offender was on a driving prohibition at the time.
- The quality and availability of the proposed treatment program.
If granted, the offender would receive a probation order requiring them to complete treatment. If they complied, they would avoid a criminal record—a significant benefit for employment, travel, and future legal matters.
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Why Was the Curative Discharge Abolished?
In December 2018, the federal government overhauled impaired driving laws, replacing section 255(5) with section 320.23 of the Criminal Code. The new provisions:
- Eliminated the curative discharge option entirely.
- Allowed judges to delay sentencing for offenders to attend a province-approved treatment program.
- Permitted judges to waive mandatory minimum penalties if the program was completed—but no longer allowed a discharge (meaning a criminal record would still result).
Reasons for the Change
The government justified abolishing curative discharges by emphasizing:
- Public safety concerns (impaired driving remains a leading cause of death in Canada).
- A shift toward stricter penalties (to deter impaired driving).
- The belief that addiction treatment should not override criminal accountability.
As noted in R. v. Storr (1995 ABCA 301), the curative discharge was meant to address underlying addiction issues—not just punish behaviour. Its elimination means fewer alternatives for those struggling with alcoholism or drug dependency.
What Replaced the Curative Discharge?
Under the new impaired driving laws (post-2018), the closest alternative is section 320.23, which allows:
- Delayed sentencing for offenders to attend a province-approved treatment program.
- Waiver of mandatory minimum penalties if the program is completed.
However, unlike the curative discharge:
- A criminal conviction is still registered.
- Fewer treatment options exist (since provinces must approve programs).
- Judges no longer have discretion to grant a discharge.
Don’t Face Your Discharging a Firearm Charge Alone
An experienced criminal defence lawyer is vital when dealing with impaired driving charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing impaired driving charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.