What is the fundamental nature of the provisions of the 90 day prohibition under the BC SPCA?
British Columbia, Canada
The following excerpt is from R. v. Frederickson, 2002 BCSC 1777 (CanLII):
The fundamental nature of the provisions was once again the subject of comment in the decision of Mr. Justice Oppal in Judge v. British Columbia (Superintendent of Motor Vehicles) 2002 BCSC 514 in the context of a judicial review of the decision of the Superintendent confirming a 90 day prohibition. Oppal J. noted at para. 12 that "the legislation is civil in nature and involves administrative sanctions as opposed to criminal penalties".
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