Does a presumption of reliability attach to a police report?
British Columbia, Canada
The following excerpt is from Semeniuk v British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 834 (CanLII):
On the review of driving prohibitions, no presumption of reliability attaches to police reports: Scott at para. 33; Jesin-Neuberger v. British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 327 at para. 22.
An adjudicator may not assume facts favorable to the police officer, or draw inferences for which there is no evidentiary foundation: Verdonk v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 215 at paras. 45,46; Mayes v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 2256 at para. 25.
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