Does the offence under section 92(15) of the Constitution Act, 1867 fall within the regulatory scheme of automobile insurance?
British Columbia, Canada
The following excerpt is from R. v. Eurosport Auto Co. Ltd., 2002 BCSC 1109 (CanLII):
Because the offence provisions of the Act are part of the regulatory scheme of automobile insurance, they clearly fall within s. 92(15) of the Constitution Act, 1867. There is a presumption of constitutionality and any question of validity is to be approached on the assumption the Act was validly enacted: Nova Scotia v. McNeil, supra, at pp. 687-88.
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