How have courts dealt with a petition for judicial review of a decision to uphold a roadside prohibition?
British Columbia, Canada
The following excerpt is from R. v. Delalla, 2015 BCSC 592 (CanLII):
In Tanner v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 2037, Justice Schultes dismissed a petition for judicial review of an adjudicator’s decision to uphold the petitioner’s roadside prohibition. The petitioner argued a failure by the commissioner for taking affidavits to sign in the space designated constituted a violation of the governing legislation’s requirement that a report be sworn or solemnly affirmed. Schultes J. distinguished between a signature and the oath or affirmation itself:
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