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Difference between revisions of "Motor Vehicle Law at the Roadside (13:III)"
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Motor Vehicle Law at the Roadside (13:III) (view source)
Revision as of 20:48, 6 September 2020
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c) whom the officer has reasonable and probable cause to believe has contravened ''Motor Vehicle Act'' s 68 (leaving the scene of an accident) (s 79(c)) | c) whom the officer has reasonable and probable cause to believe has contravened ''Motor Vehicle Act'' s 68 (leaving the scene of an accident) (s 79(c)) | ||
and may detain the person until | and may detain the person until they can be brought before a justice. | ||
==B. Your Obligations== | ==B. Your Obligations== | ||
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Courts have upheld the rules enforcing mandatory seat belt use as they are held not to be an infringement of an individual’s ''Charter'' rights. The provisions are integral to the broad legislative scheme promoting highway safety and minimizing the overall human and economic cost of accidents. The alleged infringement of a person’s right to free choice is so insignificant that it cannot be considered a measurable breach of ''Charter'' rights: [https://www.canlii.org/en/bc/bcca/doc/1987/1987canlii2453/1987canlii2453.html?autocompleteStr=r%20v%20kennedy%2C%20%5B1987%5D%20&autocompletePos=1 ''R v Kennedy'', [1987<nowiki>]</nowiki> BCJ No 2028, 18 BCLR (2d) 321 (CA)]. | Courts have upheld the rules enforcing mandatory seat belt use as they are held not to be an infringement of an individual’s ''Charter'' rights. The provisions are integral to the broad legislative scheme promoting highway safety and minimizing the overall human and economic cost of accidents. The alleged infringement of a person’s right to free choice is so insignificant that it cannot be considered a measurable breach of ''Charter'' rights: [https://www.canlii.org/en/bc/bcca/doc/1987/1987canlii2453/1987canlii2453.html?autocompleteStr=r%20v%20kennedy%2C%20%5B1987%5D%20&autocompletePos=1 ''R v Kennedy'', [1987<nowiki>]</nowiki> BCJ No 2028, 18 BCLR (2d) 321 (CA)]. | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 21, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
