Section 94 BC Vehicle Act Reference

Section 94 BC Vehicle Act Reference By virtue of par 94(2) of the Motor Vehicle Act of British Columbia, anyone who drives his vehicle without a valid permit or while his permit is suspended commits an infraction for which the minimum penalty is a prison sentence. It is a case of an absolute liability offence, that is, the individual is guilty whether or not he is aware of the ban or suspension. On 17 Dec 1985 the Supreme Court handed down the ruling that "a law that has the potential to convict a person who has not really done anything wrong" offends the principles of fundamental justice and, if it carries a prison sentence with it, violates the liberty guaranteed under s7 of the Canadian Charter of Rights and Freedoms which says that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." The Court added that s7 is not limited to procedural guarantees; it applies also to substantive law. There is a violation of s7 if an absolute liability offence can lead to the deprivation of life, freedom and security.