RCMP officer performs a roadside check for drivers who may have consumed alcohol.

Province should review more roadside driving bans: NDP

Justice Minister sees no problem after court overturns suspension

The NDP’s justice critic is urging the province to overhaul its process for reviewing roadside driving bans imposed on drinking drivers in light of a recent court ruling.

Leonard Krog said the government should proactively offer to re-review other cases if the procedure for weighing challenges turns out to have been incorrect.

The B.C. Supreme Court this month quashed one roadside driving ban that had been upheld in the review process, deciding a report setting out guidelines for use of alcohol screening devices was inadmissible.

Defence lawyers say the ruling could be grounds for many more roadside prohibitions to be appealed.

Krog said the government must be scrupulously fair in how it handles challenges of the penalties, because they take effect immediately and are dispensed at the roadside by police, not a judge.

“In our zeal to get drunk drivers off the road, which is something we all share, it doesn’t mean you get to disregard the rights of citizens to fairness in the hearing process,” he said.

“It clearly opens up the possibility of many other people asking for judicial reviews.”

Government lawyers are still reviewing the implications of the overturned decision.

But Justice Minister Suzanne Anton said the ruling appears to be largely procedural and unlikely to threaten the three-year-old legislation underpinning the Immediate Roadside Prohibitions.

“When you have a new program, you can expect that people are going to take runs at it,” she said. “But fundamentally, the legislation remains very sound.”

Anton said about 1,500 roadside prohibitions are issued each month and just two per cent on average are successfully challenged.

Alcohol-related fatalities have plunged 51 per cent since the expanded system of suspensions kicked in nearly three years ago – replacing criminal prosecutions of many impaired drivers – and the government estimates 143 lives have been saved.

Anton said the regulations continue to have a powerful effect deterring people from drinking and then driving.

“People understand the immediate serious consequences that flow from that.”

Drivers who get an Immediate Roadside Prohibition can lose their driving privileges for up to 90 days, have their vehicle impounded and face hefty fines as well as costly installation of an ignition interlock device in their vehicle.

Documents recently disclosed under Freedom of Information show drivers who challenge their rulings to the Superintendent of Motor Vehicles aren’t told if the screening device used to test them was later found to be inaccurate.

They’re merely told their driving prohibition was deemed invalid, without provision of specific reasons, usually weeks after the vehicle was impounded and the licence suspended.

The province pays towing and storage bills of appellants who are successful.

Just Posted

Tsunami warning prompts evacuations in Port Alberni

Alaska earthquake prompted warning for coastal BC

UPDATE: Tsunami warning cancelled for coastal British Columbia

Warning issued following 7.9 earthquake off Kodiak, AK

COUNCIL WATCH: Here are some of the stories we’ll be following

Traffic counts, a Nuisance Property Working Group and more at Alberni council meeting

Stakeholders tackle poverty in Port Alberni

Residents invited to share ideas for solution at Tuesday (Jan. 23) meeting

Break and enters on the rise in Port Alberni

Thieves targeting garages, sheds and storage trailers

Testing the Google Arts & Culture app

Going face to face with art

‘The tsunami alarm failed my household’: North Coast residents concerned over sirens, alerts

People living in northern communities share how they learned about Tuesday’s tsunami warning

Snowboarder dies at Vancouver Island ski resort

Death at Mount Washington Alpine Resort

Man faces 48 charges in string of random Toronto shootings

The string of unprovoked shootings began Jan.9, say police

‘Shape of Water’ producer, Christopher Plummer among Canadian Oscar nominees

Guillermo del Toro film about merman romance earns 13 nominations

Canada, TPP agrees to revised deal without the United States

Canada and the remaining members of the Trans-Pacific Partnership have agreed to a revised trade agreement

Tsunami warnings 101: Canada

Here are some things to know about tsunami alerts in Canada and how they work

Rogers Media cuts ties with Vice Canada

Rogers Media and Vice Canada are ending their three-year-old partnership, pulling Viceland TV channel off the air

Most Read