Can a police officer be ordered to produce a certificate that the adjudicator would like to compel the officer to produce?
British Columbia, Canada
The following excerpt is from Longstaff v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 1594 (CanLII):
An adjudicator has the authority to apply for an order in the nature of mandamus to compel the officer to provide documents he has a duty to produce: Savage v. British Columbia (Superintendent of Motor Vehicles), 2006 BCCA 510 at para. 38. When I asked counsel for the petitioner what affect the adjudicator’s failure to compel the police officer to provide the certificate should have, counsel submitted that where there is no certificate its absence leads to “an unfair hearing, and then the only recourse is judicial review at the expense of the individual.”
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