Does the reverse onus of a motor vehicle adjudicator affect the adjudicator's decision?
British Columbia, Canada
The following excerpt is from Sivia v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 515 (CanLII):
As was held in Nagra v. British Columbia (Superintendent of Motor Vehicles), 2010 BCCA 154, the administrative process undertaken by the adjudicator is not expected to employ the procedural mechanisms of a criminal trial which are intended to provide a high degree of protection to persons charged with criminal offences. I am not persuaded the petitioner was the victim of a form of improper reverse onus which ought to vitiate the adjudicator’s decision.
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