In May 2012 when the legislation was introduced we told you about the new traffic ticket process in BC and some of our concerns. We’re worried about it.
It appears to us the BC Government is trying to legislate out your Charter Rights, remove your right to face your accuser, and take away their obligation to prove alleged traffic violations beyond a reasonable doubt. Under the new law you cannot cross examine the police officer, you cannot compel the police to provide you with further disclosure so that you can make full answer and defence to the accusation and you cannot appeal the tribunal’s decision.
The Government says it will make it easier, help them gain intelligence and streamline paying fines. Of course, our concern is innocent people being punished, as we’ve seen with the IRP scheme.
In an article in the Vancouver Sun a spokesperson is quoted as saying:
[I]f a driver faces a licence suspension, a faster dispute resolution process means that dangerous drivers will be removed from the road more quickly.”
Does this mean that an innocent driver who is facing a licence suspension will be removed from the road more quickly?
With the IRP scheme the Government decided to adopt a model of expedience – punishing people before they could have a hearing, forcing hearings on in a very short period, charging people to dispute the allegation, limiting any inquiry into the evidence to 30 minutes or less and providing no remedies for any Charter breach with the effect of tacitly authorizing the police to violate the Charter Rights of drivers. In our view the IRP scheme was a horrible political mistake and we hope that in the upcoming election British Columbians will exercise their Freedom of Speech and Freedom to Vote to send a message to the Government that our rights are important.
The public has taken note. The Government knows that British Columbians are rightly concerned about the direction they’ve taken on the Justice portfolio in the last few years. Critics (we’ve been very vocal in this political debate) are now watching closely how the Government proceeds in moving matters from courts to tribunals.
We remain optimistic. We hope that it will be as wonderful as the Government says it will be. But we’ve got good reason to be cynical so we’ll keep a close eye on the new traffic ticket process and if we think that the Government is trying to strip British Columbians of their rights, again we’ll raise the alarm.
Here’s the recent Vancouver Sun article: http://www.vancouversun.com/plan+aims+make+traffic+disputes+quicker+less+costly/8020462/story.html#sthash.cuhuT3fs.dpuf