Does the description of a term in civil legislation by reference to it being "under" a specific statutory provision in the Criminal Code apply to the meaning of that term?
British Columbia, Canada
The following excerpt is from Streeter v. British Columbia (Superintendent of Motor Vehicles), 2009 BCSC 1410 (CanLII):
As noted by Madam Justice Dorgan in Doman v. British Columbia (Superintendent of Motor Vehicles), [2001] B.C.J. No. 2713 (at para. 8), the standards and objects of each forum are fundamentally different, with relaxed rules of evidence and non-penal consequences in the administrative context. That said, in my view the description of a term in civil legislation by reference to it being something “under” a specific statutory provision in the Criminal Code surely imports the denotation of the specific statutory provision, but not the statutory consequences.
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