CASE LAW - R v Rahmani

BC Courts Coat of ArmsThis is an appeal to the Supreme Court over the dismissal of a number of violation tickets by Judicial Justice Adair. In each case the justice decided to dismiss these traffic tickets because they took too long to proceed to trial. Neither the Crown nor the disputants involved had any input into these decisions.

Mr. Justice Ehrcke examines the law on applications for relief under the Canadian Charter of Rights and Freedoms and explains how Judicial Justices in traffic court do not have the authority to deal with these issues. If they arise at trial the case is to be terminated and referred to the Provincial Court and heard as a new trial by a judge.

The appeal was allowed and all four tickets were referred to the Provincial Court for trial.

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