This decision is on the heels of another decision pertaining to traffic law and the province’s powers to enact that legislation. This was the constitutional challenge to BC’s controversial impaired driving law in Goodwin v. British Columbia (Superintendent of Motor Vehicles). The Court there found that it was within the legislative competence of British Columbia to enact a provincial scheme to deal with impaired driving, even if there were incidental effects on criminal prosecutions.
I’ve been thinking a lot about these two decisions and what they mean for BC’s traffic ticket tribunal. It’s early to tell, but it is certain that they will have an impact to our office’s inevitable challenge to the legislation.