The accused was found guilty of impaired care or control. The accused had been convicted of the same offence 14 years prior. Due to this prior conviction, the Crown tendered a written notice seeking a higher mandatory penalty.

The Crown�s position ignores the long-standing policy of the Crown and the principals of fundamental justice will not be enhanced should the Court defer to the Crown�s exercise of discretion. The minimum is not a true minimum in the sense that it is not applied equally to all accused, but rather is imposed when the prosecution sees fit to impose it. This act negatively affects the liberty interest of the accused.