VB, your friend should consult with an attorney in the state in which he resides. Furthermore, Mark you may also wish to consult a criminal lawyer in
Nova Scotia. I cannot give
legal advice, but section 259 of the Criminal Code of Canada, which governs the mandatory
prohibition orders (as opposed to provincial driver's license suspensions), provides that where offenders are convicted of various offences, including operation or having the care/control while impaired of "a motor vehicle, vessel, or aircraft or of railway
equipment, or assisting in the operation of an aircraft or of railway
equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place,
or from operating a vessel
or an aircraft
or railway equipment,
as the case may be." Note the use of the word 'or', and the words 'as the case may be'.
The provinces can (and various, if not all, do) suspend the motor vehicle drivers license of someone who is convicted of impaired boating (driving a motor vehicle in Canada has been determined to be a
privilege and not a right and, the provinces have maintained that someone who would operate a vessel while impaired, is apt to do the same in a motor vehicle); however, boating licenses in Canada are federal and the federal prohibition under section 259 would only
appear to prohibit someone from operating a vessel if they were convicted of an offence in relation to a vessel and not a motor vehicle (or aircraft, etc. as the case may be).
Anyway, this is not the site to be obtaining cross-jurisdictional
legal advice on something so serious.
Brad
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