The Superintendent of Motor Vehicles had no authority after June 2012 to confirm driving prohibitions against drivers who were given roadside prohibitions after the law had been ruled unconstitutional, the B.C. Supreme Court says.
The Aug. 22 judgment by Justice Peter Voith could affect a few thousand drivers who were given roadside prohibitions in November and December 2011, estimated lawyer Sacha Roudette, of Carr Buchan and Co., on Wednesday.
In December 2011, Justice Jon Sigurdson ruled that the law concerning automatic roadside prohibitions for those who blew over .08 on a screening device was unconstitutional. Sigurdson gave the government six months to fix the legislation, delaying his declaration until June 30, 2012.
At a judicial review in B.C. Supreme Court held July 3-4, 2014, Roudette argued on behalf of five drivers who received roadside prohibitions in November and December 2011. All five applied for an internal review and were given review dates, which were adjourned several times by the superintendent.
“These drivers were essentially in limbo,” Roudette said. “The superintendent knew the law was about to become unconstitutional at the time these people received these prohibitions. But he kept adjourning, adjourning and adjourning their reviews. And then, only after the law was long gone, did he decide to confirm the driving prohibitions.”
Roudette argued that because the law no longer existed, the superintendent had no jurisdiction.
Voith agreed. He declared that after June 30, 2012, the superintendent had no authority to confirm the driving prohibitions. He made an order setting aside the decision of the adjudicators at the Office of the Superintendent of Motor Vehicles confirming the roadside prohibitions, monetary penalties and vehicle impoundment.
He also made an order quashing the petitioners’ immediate roadside prohibitions, monetary penalties, vehicle impoundments and referrals to remedial programs. The Superintendent of Motor Vehicles was ordered to pay costs to the petitioners.
On Wednesday, Roudette said the decision shows how inappropriate it was for the superintendent to continue to work under and rely on legislation that had been struck down as unconstitutional.
Court heard that about 1,600 roadside prohibitions are served on people each month, Roudette said.
It’s not clear how drivers who paid the penalties will be affected, she said.
“But in our opinion, every driver should be entitled to reimbursement,” she said, adding: “Some people just want it off their driving record.”
