KAMLOOPS – New legislation proposed by the B.C. Liberals this week throws out the presumption of innocence and instead presumes people accused of impaired driving are guilty until they prove otherwise, says a Vancouver defence lawyer specializing in impaired driving.
Lawyer Kyla Lee says the proposed legislation must be challenged.
“In every case now people are basically going to have to provide persuasive evidence about their drinking pattern and about what their blood alcohol level would be. It’s an incredible burden to put on people,” Lee says adding she and co-workers plan to challenge the law’s constitutionality if it passes.
If a person is served with a prohibition, he or she has seven days to appeal it before an adjudicator via conference call. The calls are not recorded or available to media, Lee says.
“Our courts are open to the public but this tribunal is not,” she says. “The oral hearings are conducted over the phone. (The adjudicators are) in a room with closed door, nothing is recorded other than their own notes.”
Lee argues the issue is complicated when the adjudicator reviewing the case decides what constitutes evidence. Further amendments will allow the Superintendent of Motor Vehicles, Sam MacLeod, to decide on his own initiative what technical, medical or scientific materials can relate as evidence to the applicant’s case.
Requests to interview Justice Minister Anton were denied by her communications department. An unattributed emailed statement was offered by the communications department but was refused by Infonews.ca
Lee is arguing an immediate roadside prohibition case from Kamloops in the Supreme Court of Canada this May.