Does section 15 of the Charter of Civil Procedure apply to enforceable by-laws in the District of Fort McMurray?

British Columbia, Canada


The following excerpt is from Burnaby (City) v. Pocrnic, 1999 BCCA 652 (CanLII):

In disposing of the Charter issue, the trial judge made reference to the decision of Sheppard, L.J.S.C., as he then was, in Sunshine Coast v. DeMarni (1989), 48 M.P.L.R. 201 (B.C.S.C.) in which, in declining to give effect to a similar submission which arose on very similar facts, that learned judge said at p. 205: In my view s. 15 of the Charter does not apply to these facts and the policy of selective enforcement as admitted to here. There is no question that not all justifiable complaints result in enforcement proceedings. Rather, the complaint is that there are other residents of the District who are violating the by-law but because no other citizen has complained about those violations those residents are not the subject of enforcement proceedings. This sounds to me very much like the argument that I have been given a speeding ticket while driving my car over the speed limit while other drivers have driven over that limit without being issued tickets; therefore, my ticket should be ruled invalid. With respect, I conclude that s. 15 of the Charter cannot assist the defendant here.

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