What is the test for obtaining audio evidence at a civil court?
British Columbia, Canada
The following excerpt is from Walji v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1906 (CanLII):
Finally the petitioner submits that the audio-visual evidence was key to exercising his constitutionally entrenched right to make full answer and defence. That right arises in the context of s. 7 of the Charter (see, generally, Stinchombe). However, “the right or privilege to drive a motor vehicle on a public highway is not a liberty protected by s. 7” of the Charter (Buhlers v. British Columbia (Superintendent of Motor Vehicles), 1999 BCCA 114 at para. 110). As a result this argument fails.
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