What is the test on review of the decision of the police officer who issued the notice of prohibition pursuant to s. 215.41?

British Columbia, Canada


The following excerpt is from Basi v. The Saanich Police Department, 2014 BCSC 593 (CanLII):

As I have stated, the test on review of the police officer’s decision is reasonableness. There are authorities which state that, where a driver applies to the superintendent for review of a s. 215.41 driving prohibition, the police officer who issued the notice of prohibition, bears the burden of proving on that review that the driving prohibition was justified. See Spencer v. Superintendent of Motor Vehicles, supra, at para. 31; Nagra v. Superintendent of Motor Vehicles, supra, at para 20. I was not referred to any authority which sets out the burden of proof and the scope of review under s. 215.1, where a driver seeks review by the superintendent of a 24-hour driving prohibition imposed pursuant to s. 215(2), based on alcohol consumption. It would appear from s. 215.3 that the grounds available on such a review may be quite limited, and that the burden of proof rests on the applicant (at least, with respect to the limited grounds that are specified in s. 215.3).

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