Furthermore...
the whole decision can be found here (
http://www.courts.gov.bc.ca/jdb-txt/...#_Toc310333396)
but the summaries are as follows:
Quote:
J. SUMMARY OF DECISION
[382] My decision is as follows:
(a) The ARP legislation is not ultra vires the Province on a division of powers basis. The impugned legislation is within the Province’s jurisdiction to legislate with respect to the licensing of drivers and the enhancement of highway traffic safety.
(b) The ARP legislation does not create an “offence” as that term is used in section 11(d) of the Charter. Therefore, the legislation does not trigger the application of s. 11(d) of the Charter and it is not necessary to address whether the ARP regime violates the presumption of innocence.
(c) The ARP legislation infringes s. 10(b) of the Charter but the infringement is saved by s. 1 as it is a reasonable limit, prescribed by law and demonstrably justified in a free and democratic society.
(d) The ARP legislation infringes s. 8 of the Charter insofar as it concerns the prohibition, penalty and costs arising from the screening device registering a “fail” reading over 0.08. This infringement is not a reasonable limit which is demonstrably justified in a free and democratic society.
(e) The ARP legislation does not infringe s. 8 of the Charter insofar as it concerns the prohibition, penalty and cost consequences arising from the screening device registering a reading in the “warn” range of between 0.05 and 0.08.
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