Does the Adjudicator's failure to consider video evidence deprive the petitioner of his right to make full answer and defence as guaranteed by s. 7 of the Charter of Rights and Freedoms?
British Columbia, Canada
The following excerpt is from DeMerchant v British Columbia (Superintendent of Motor Vehicles), 2019 BCSC 505 (CanLII):
The petitioner argues that the Adjudicator’s failure to consider the video evidence deprived the petitioner of his right to make full answer and defence as guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms. I disagree. As noted by the respondent, an IRP does not engage s. 7 of the Charter: Buhlers v. British Columbia (Superintendent of Motor Vehicles), 1999 BCCA 114 at paras. 109-110, leave to appeal ref’d [2000] 1 S.C.R. viii.
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