What is the test for a driving prohibition under s. 93(1)(a)(ii) of the Criminal Code?
British Columbia, Canada
The following excerpt is from McEachern v. British Columbia (Superintendent of Motor Vehicles), 2019 BCCA 195 (CanLII):
It is true that a driving prohibition imposed under s. 93(1)(a)(ii) is predicated upon a connection between an unsatisfactory driving record and the public interest. However, nowhere does the statute suggest that the public interest is limited to prohibiting only drivers considered to be dangerous or potentially dangerous. The public interest may be served not only by keeping potentially dangerous drivers off the road but also by deterring poor driving behaviour, especially in respect of new drivers. I agree with the comments of Arnold-Bailey J. in Lapre v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1650:
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