Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"

Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)

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 The administrative decision (review decision) is final. If the application is unsuccessful, the only recourse is through a judicial review. The application for the judicial review must be filed within 6 months of receiving the decision, and is made by filing a Petition in Supreme Court. It is highly recommended that individuals seeking to challenge the administrative decision by way of judicial review be represented by a lawyer.
-The IRP scheme is quasi-criminal and summary in nature. In Lowe v. British Columbia (Superintendent of Motor Vehicles) 2022 the petition (for judicial review) was dismissed for unreasonable delay, as 56 months had elapsed between the time the petition was filed, and counsel served a notice of hearing. The petition was dismissed for unreasonable delay.
+The IRP scheme is quasi-criminal and summary in nature, thus subject to Jordan caselaw. In Lowe v. British Columbia (Superintendent of Motor Vehicles) 2022 the petition (for judicial review) was dismissed for unreasonable delay, as 56 months had elapsed between the time the petition was filed, and counsel served a notice of hearing. The petition was dismissed for unreasonable delay. R. V. Jordan, 2016 was a landmark case that established a significant shift from past practices of the criminal justice system. Unreasonable delay applies to the Motor Vehicle Act.
 ===4. 12 and 24-Hour Prohibitions===