Hearing: November 15, 1984 Judgment: December 17, 1985
Full case name
Reference Re Section 94(2) of the Motor Vehicle Act
Citations
[1985] 2 SCR 486
Docket No.
17590 [1]
Prior history
On appeal from the BCCA
Ruling
Appeal was dismissed
Holding
Absolute liability offences cannot carry a possibility of imprisonment under the Charter
Court membership
Chief Justice: Brian Dickson Puisne Justices: Roland Ritchie, Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain
Reasons given
Majority
Lamer J (paras 1–98), joined by Dickson CJ and Beetz, Chouinard and Le Dain JJ
Concurrence
MacIntyre J (paras 99–100)
Concurrence
Wilson J (paras 101–131)
Ritchie and Estey JJ took no part in the consideration or decision of the case.
Reference Re BC Motor Vehicle Act, [1985] 2 SCR 486, was a landmark reference submitted to the Supreme Court of Canada regarding the constitutionality of the British Columbia Motor Vehicle Act. The decision established one of the first principles of fundamental justice in the Canadian Charter of Rights and Freedoms ("Charter"), beyond mere natural justice, by requiring a fault component for all offences with penal consequences. The decision also proved important and controversial for establishing fundamental justice as more than a procedural right similar to due process, but also protects substantive rights even though such rights were counter to the intent of the initial drafters of the Charter.[2]
^SCC Case Information - Docket 17590 Supreme Court of Canada
^This distinction was later relied upon in R v Morgentaler, [1988] 1 SCR 30 and Chaoulli v Quebec (AG), 2005 SCC 35.
and 25 Related for: Reference Re BC Motor Vehicle Act information
Association & Anr. v. Union of India (W.P. (C) 1303 of 1987) In re Special reference 1 of 1998 Justice K. S. Puttaswamy (Retd.) & Anr. v. Union of India...
reinforced by 40 years of continuity. The Court also cited ReferenceReBCMotorVehicleAct to note that international law was important in defining fundamental...
Car Web. KODANSHA BC Ltd. Retrieved 16 May 2024. "Manufacturing has given birth to many stories". Nissan Motor Corporation. Nissan Motor Corporation. Retrieved...
Law v Canada (1999) which has since become defunct. Since ReferenceReBCMotorVehicleAct (1985), various approaches to defining and expanding the scope...
downforce. The Huayra BC is a track focused version of the Huayra which was unveiled at the 2016 Geneva Motor Show. The Huayra BC is named after the late...
private and commercial came into force on 1 July, 1989 as part of MotorVehiclesAct, 1988. The format consists of four parts: Part 1: Two-letter State...
Grey import vehicles are new or used motorvehicles and motorcycles legally imported from another country through channels other than the maker's official...
time was given before the unconstitutional laws would expire. In ReBCMotorVehicleAct (1985), the Supreme Court also linked the rule of law to the principles...
periodically or on the transfer of title to a vehicle. If required periodically, it is often termed periodic motorvehicle inspection; typical intervals are every...
attached to a motorvehicle or trailer for official identification purposes. All countries require registration plates for road vehicles such as cars,...
the living tree doctrine. Chief Justice Antonio Lamer stated in ReB.C. MotorVehicleAct, "If the newly planted 'living tree' which is the Charter is to...
before they can be supplied to the market for use in transport (MotorVehicle Standards Act 1989 Cwth). The ADRs contain the following definitions for bicycles...
Highway Act 1835. With reference to its use of the carriageway it falls into the category of 'motorvehicle' (defined as 'a mechanically propelled vehicle, intended...
or air strips open to public traffic, primarily for the use of road motorvehicles running on their own wheels", which includes "bridges, tunnels, supporting...
Bangladesh: 0 India: 0.03%. This is according to section 185 of the MotorVehiclesAct 1988. On a first offence, the punishment is imprisonment of six months...
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada. Situated between the Pacific Ocean and the Rocky Mountains, the province...
being part of the North American Rust Belt. Important products include motorvehicles, iron, steel, food, electrical appliances, machinery, chemicals, and...
rubber-wheeled version of the original maglev vehicle. The consortium included of SPAR Aerospace for the linear induction motor, Standard Elektrik Lorenz (SEL) for...
codes Y or Z are not shown, as these could apply to variants of any or all vehicle types. In the LNER system, S stood for "Second", a class between First...
Michael Kranefuss, head of Ford Motor Sport; Walter Hayes of Ford of Europe; Renault began turbocharged motor racing vehicles at the 1977 British Grand Prix...
limiting the right to life, liberty and security of person. In ReB.C. MotorVehicleAct (1985), the Supreme Court once again had to consider the meaning...
the vehicle. Trackless trolleys also are able to avoid collisions by manoeuvring around obstacles, similar to motor buses and other road vehicles, while...
kilometres (11,945 mi) of paved roads and 3 million motorvehicles. The number of motorvehicles per 1,000 persons is 365, relatively low among developed...
Global Information