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Established Charter invalidity of fail-based roadside prohibition provisions

The B.C. Supreme Court upheld much of British Columbia’s immediate roadside prohibition regime for impaired driving but found the provisions applying to drivers who registered a “fail” on an approved screening device unconstitutional. The Court held that the severe consequences of a 90-day prohibition, vehicle impoundment and related penalties, combined with an inadequate review process that did not permit a meaningful challenge to the reliability of the breath-test result, violated s. 8 of the Charter. The declaration of invalidity was suspended to allow the Legislature to amend the scheme.