On May 20, CBABC appeared before the Select Standing Committee on Private Bills and Private Members’ Bills to provide input on Bill M-226, which proposed immediate 30-day roadside driving prohibitions and driver’s license surrender based on a “reasonable grounds to believe” standard, with no right of appeal.
In our submission, CBABC raised concerns about the absence of a review or appeal mechanism and the lack of clear evidentiary requirements. Prohibitions issued without a defined evidentiary threshold raise procedural fairness concerns and create a risk of constitutional challenge.
CBABC recommends introducing a written review process, a right of appeal, and defined evidentiary requirements for issuing a prohibition.
This submission reflects input from CBABC members practising in criminal law, including Crown counsel and defence counsel from the Criminal Justice Sections.
Questions? Email us at advocacy@cbabc.org