Is section 258 of the Criminal Code applicable to a review of an administrative driving ban?

In the recent decision of Sihota v. British Columbia (Superintendent of Motor Vehicles), 2008 BCSC 311, Mr. Justice Brine considered the issue of whether s. 258 of the Criminal Code had any application to driving prohibitions under s. 94.1 of the Motor Vehicle Act. Mr. Justice Brine said the following at paras. 35-36: The weight of judicial authority, supra, leads me to the conclusion that s. 258 of the Criminal Code is not applicable to the process set out in the Motor Vehicle Act regarding either the adjudication or review of an administrative driving prohibition. 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 para. 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.