What is the test for a review of a driving ban?
British Columbia, Canada
The following excerpt is from Sihota v. British Columbia (Superintendent of Motor Vehicles), 2008 BCSC 311 (CanLII):
I am reinforced in this view by the comments of Macaulay J. in Helgason v. British Columbia (Superintendent of Motor Vehicles), 2002 BCSC 1391 where he stated, at ¶31: Key features unique to the criminal law process do not apply to reviews of driving prohibitions. The concept of reasonable doubt; the lack of any onus on an accused person; and, almost invariably, the inability of the court to draw any adverse inference from a failure of the accused to testify all form integral parts of the criminal law process but have no application in reviews of driving prohibitions.
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