Appeal court upholds roadside suspensions

Steep fines and vehicle seizures within province's rights, Attorney General says it reinforces road safety efforts

Attorney General Suzanne Anton

Attorney General Suzanne Anton

VICTORIA – B.C. police will continue to impose 90-day driving suspensions and seize vehicles of drivers who fail a breath alcohol test, after a constitutional challenge was turned away Monday by the B.C. Court of Appeal.

“It’s a matter of public safety on our roads, and so we’re carrying on with the immediate roadside prohibition program,” Attorney General Suzanne Anton said Monday.

The law was challenged by six drivers who had either blown a “fail” reading on a roadside blood alcohol screening device, or refused to blow. The court found that the roadside suspensions do not supplant the Criminal Code, where police still have the option of laying impaired driving charges.

“The legislation does not create a criminal or quasi-criminal proceeding, nor does it lead to true penal consequences” when it allows licence suspensions, penalties and impound fees, three appeal court justices agreed.

The “immediate roadside prohibition” program took effect in 2010, replacing most impaired driving charges with administrative penalties, including a three-day driving ban and a $200 administrative fee for those who register between 0.05 and 0.08, if the police officer has reason to believe the driver is impaired.

For those who blow in the “impaired” range of 0.08 or higher, police have the option of imposing a 90-day driving ban, a $500 penalty and impounding the vehicle for 30 days instead of laying a charge. Towing and impounding a vehicle can result in a $700 bill, and a $1,400 mandatory “responsible driver program” may also be required before the driver’s licence is returned.

After an initial court challenge, the law was amended to require police to offer a second roadside test to anyone who fails, and to advise drivers they can appeal their suspension to the Superintendent of Motor Vehicles.

 

Just Posted

Kitimat’s Water Quality Advisory, which has been in place for just over a week, has been lifted. (Black Press file photo)
Water Quality Advisory in Kitimat lifted

The district has been under a Water Quality Advisory since June 2

On June 16 at 6 p.m., the Kitimat Chamber of Commerce will be hosting a public presentation and discussion with Happipad, a social enterprise, to talk about solutions for affordable housing Kitimat. (Happipad photo)
Affordable housing to be focus of Kitimat Chamber of Commerce meeting

Figures indicate the average Kitimat household needs to make more than $92,000 a year

(District of Kitimat logo)
Hirsch Creek Bridge restricted to single lane traffic

The district is restricting the bridge traffic to legal highway loads only

Artist’s illustration of the proposed Kitimat LNG facility at Bish Cove near Kitimat. (Kitimat LNG illustration)
Haisla Nation surprised by Woodside pull out from Kitimat LNG project

Haisla Nation council states its main focus is now on developing the Haisla-led Cedar LNG project

(Northern Health logo)
Pop-up vaccine clinic tomorrow at the Save-on-Foods parking lot in Kitimat

The clinic will be this Friday, June 11 from 6:00 p.m. to 8:00 p.m.

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Police cars are seen parked outside Vancouver Police Department headquarters on Saturday, January 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver police officer charged with assault during an arrest in 2019

The service has released no other details about the allegations

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

Members of the Department of Fisheries and Oceans’ Marine Mammal Response Program rescued an adult humpback what that was entangled in commercial fishing gear in the waters off of Entrance Island on Thursday, June 10. (Photo courtesy Marine Mammal Response Program)
Rescuers free humpback ‘anchored’ down by prawn traps off Vancouver Island

Department of Fisheries and Oceans responders spend hours untangling whale

As stories of the horrors of residential schools circulate after the Tk’emlups te Secwepemc First Nation announced it had located what are believed to be the remains of 215 children, Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs said he feels a connection with the former students. THE CANADIAN PRESS/Darryl Dyck
2 sides of the same coin: Ex-foster kids identify with residential school survivors

Grand Chief Stewart Phillip says the child welfare system takes Indigenous children from their families

Nathan Watts, a member of the Tseshaht First Nation near Port Alberni, shares his story of substance use, a perspective he said isn’t seen enough. (Photo courtesy of Nathan Watts)
Public shaming, hate perpetuates further substance use: UVic researcher

Longtime addict Nathan Watts offers a user’s perspective on substance use

Most Read