Re: B.C. Motor Vehicle Act

[1985] 2 S.C.R. 486 (1985)

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Re: B.C. Motor Vehicle Act

Canada Supreme Court
[1985] 2 S.C.R. 486 (1985)

KS

Facts

The British Columbia Motor Vehicle Act applied an absolute-liability standard to the offense of driving on a highway or industrial road without a valid driver’s license or with a suspended driver’s license. The absolute-liability standard allowed the accused to be found guilty and imprisoned without the government proving that the driver knew about the suspension or prohibition. Section 7 of the Canadian Charter of Rights and Freedoms (the charter) guaranteed an individual’s right to life, liberty, and security. Such rights may only be infringed upon consistent with principles of fundamental justice. The British Columbia government (plaintiff) referred the law to the British Columbia Court of Appeal for constitutional review. The court of appeal determined that the absolute-liability standard combined with the possible punishment of a prison term was unconstitutional as inconsistent with Section 7 of the charter. British Columbia appealed to the Canada Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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