What is the standard of review in respect of a police officer's decision to issue a 24-hour driving prohibition?

British Columbia, Canada


The following excerpt is from Gainder v. The Minister of Justice for British Columbia, 2017 BCSC 143 (CanLII):

The standard of review in respect of the police officer’s decision to issue a 24-hour driving prohibition is reasonableness. Guidance with respect to the application of the reasonableness standard is set out in the decision in Dunsmuir v. New Brunswick, 2008 SCC 9 at para. 47:

Other Questions


Is a decision of a police officer to issue a 24-hour prohibition subject to judicial review? (British Columbia, Canada)
Can a court order costs against a petitioner who is unsuccessful in his application for a review of a police officer's decision to prohibit him from driving for 24 hours pursuant to section 215(3) of the Criminal Code? (British Columbia, Canada)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
What is the test on review of the decision of the police officer who issued the notice of prohibition pursuant to s. 215.41? (British Columbia, Canada)
What is the standard of review applicable to a Superintendent's decision to issue a driving prohibition? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the standard of review of a decision confirming a driving prohibition? (British Columbia, Canada)
Can a court review a decision by a police officer under section 90.3 of the Criminal Code when the officer applied the wrong test? (British Columbia, Canada)
Is patent unreasonableness the appropriate standard of review for a decision by a police officer to arrest a man for assault? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.