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Procedural fairness in roadside driving prohibitions

CBABC delivered a submission regarding proposed driving prohibitions under the proposed Xavier’s Law or Bill M-22.

Close up of the lights on top of a police car.

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