The constitutional challenge to the Immediate Roadside Prohibition regime was heard in the B.C. Supreme Court last week. The arguments have all been completed now, so all there is left to do is wait for the judge to make his ruling about whether the IRP regime violates the Constitution or the Charter.
There were two main arguments advanced in challenging the IRPs. Firstly, it was argued that the IRP laws are not within the legislative competence of the British Columbia government. For those who do not know, the Canadian and Provincial governments are only able to enact legislation in certain areas. These are listed in sections 91 and 92 of the Constitution Act, 1867 to 1982. Because Impaired Driving and Driving over .08mg% is a criminal offence, and the Federal government has the exclusive authority to enact criminal law, it was argued that the new BC IRP laws could not be enacted by the Province. Only the Federal government could have made these laws.