Quote:
Originally Posted by GGG
Being on the side of the latest Supreme Court ruling isn't a contrarian position.
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It can't really be stressed enough that that was a different law. It was also held to be partially unconstitutional. The BC Government takes the view that the newer version of its legislation fixes those problems, and they may even be right, but that hasn't actually been tested. Neither the current law in BC nor any of Alberta's legislation has been evaluated by the Supreme Court of Canada. Honestly, the fact that the government in Alberta didn't bother to appeal the ABCA ruling earlier this year suggests they knew they were likely to lose if they'd done so. So far, it's the Province that has been offside the Supreme Court's ruling, which is why they were given a year to fix the law.
The most you can say is that per the Supreme Court, some immediate roadside prohibitions are acceptable, provided the legislation takes appropriate steps to ensure that peoples' rights are not violated.