The B.C. government is shifting traffic violations out of court in a move lawyers fear strips motorists of constitutional rights.
The Liberals are implementing amendments passed with no fanfare in 2012 to establish a new process for handling offences under the Motor Vehicle Act, similar to the paradigm shift made dealing with drunk drivers in 2010 when most impaired charges and trials were eliminated with a heavy-handed Immediate Roadside Prohibition (IRP) regime.
The Ministry of Justice and Public Safety confirmed Tuesday that a two-stage rollout is planned to shift MVA violations from the criminal system.
Work is underway on Phase 1, it said, bringing in an electronic ticketing and online payment system; the new hearing system will follow
However, lawyers who opposed the IRP scheme say this new plan is similarly offensive.
“It’s a frightening piece of legislation,” warned Vancouver lawyer Kyla Lee.
“Reading the legislation, the officer who issued the ticket isn’t even required to provide evidence other than the ticket itself,” Lee said.
“It’s insane. The decision of the board in the legislation is final — you cannot appeal the decision of the board to any court and you can’t seek judicial review.”
What the government is doing is trying to eliminate the ability of people to defend themselves, Lee maintained.
She said she and her colleagues are waiting for the new scheme to be implemented to launch a constitutional challenge:
“I think the government is trying to lull people into a false sense of security, where they feel that these changes are for the good of the public, but it appears to be for the good of government coffers.”
Read more: http://www.vancouversun.com/news/moves+eliminate+court+trials+traffic+violations/10953200/story.html