Mr. Justice Macaulay said that the foregoing principles (at paras. 30-31), … all flow from the administrative, non-criminal nature of the proceedings before the adjudicator. The adjudicator does not perform the same function as a judge in a criminal trial and the hearing itself is not as adversarial: Fowler v. British Columbia (Superintendent of Motor Vehicles), [1999] B.C.J. No. 2747 at para. 10 (S.C.). Key features unique to the criminal law process do not apply to reviews of driving prohibitions. The concept of reasonable doubt; the lack of any onus on an accused person; and, almost invariably, the inability of the court to draw any adverse inference from a failure of the accused to testify all form integral parts of the criminal law process but have no application in reviews of driving prohibitions. ANALYSIS OF ISSUES Ground 1(a) and (b) - Adjourning the hearing and requesting additional information or explanation from the police officer (the “Worthington” issue)
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