Is a demand that is invalid under the Criminal Code valid under the Motor Vehicle Act?
British Columbia, Canada
The following excerpt is from Gregory v. British Columbia (Superintendent of Motor Vehicles), 2016 BCCA 384 (CanLII):
The appellants also make a kind of “characterization” argument to the effect that a demand that is invalid under the Criminal Code is necessarily invalid under the Motor Vehicle Act and therefore cannot form the basis for the imposition of a driving prohibition. The respondents say this question was decided recently in Wilson v. British Columbia (Superintendent of Motor Vehicles) 2015 SCC 47 at para. 32.
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