Is a decision of a police officer to issue a 24-hour prohibition subject to judicial review?

British Columbia, Canada


The following excerpt is from Giorio v. Wilson, 2014 BCSC 786 (CanLII):

The Court of Appeal noted this, and another authority, holding that the decision of a police officer to issue a 24-hour prohibition was subject to judicial review in Rapton v. British Columbia (Superintendent of Motor Vehicles), 2011 BCCA 396, although the court did not comment on the correctness of those decisions, at para. 20.

I also note that it appears that a driver who wishes to question a license suspension, driving prohibition, or other interference with driving privileges imposed by the Superintendent, that is based on a driving record that contains one or more entries relating to 24-hour prohibitions, is precluded from using that as a collateral attack on the 24-hour prohibitions: see Atchison v. British Columbia (Superintendent of Motor Vehicles), 2006 BCSC 549 at paras. 14 and 15.

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