VIEWPOINT - No more traffic court?
New Bill 52, to amend traffic court, is this proposed change scaring the crap out of anyone else? It looks the BC Government is further eroding any illusion that drivers of this province have any rights at all.
A new tribunal for traffic ticket disputes? Will it be as one sided and biased and unfair as the ones set up for the new drinking and driving legislation? Or will it be worse?
Specifically 285 and 294:
Exclusive jurisdiction of board
285 (1) The board has exclusive and final jurisdiction to
(a) inquire into, hear and decide all matters and questions of law, fact and discretion arising or required to be determined in an application for a determination of whether a disputant contravened the driving enactment indicated on a driving notice that was served on the disputant, and
(b) to make any order permitted to be made.
(2) A decision or order on a matter in respect of which the board has exclusive jurisdiction is final and conclusive and not open to question or review in any court.
So there is no appeal possible to any other court if this kangaroo court proves to be disqustingly biased?
294 (1) A driving enforcement officer must, on the board's request, promptly forward to the board
(a) a certificate of service completed by the driving enforcement officer who served the driving notice on the disputant under section 272 (6), in the form established by regulation under section 278, showing that the driving notice was personally served on the disputant, if the certificate was endorsed on a copy of the driving notice,
(b) a report, in the form established by regulation, sworn or solemnly affirmed by the driving enforcement officer who issued the driving notice under section 272 (1), and
(c) other documents and information in the possession or under the control of the driving enforcement officer that are related to the driving notice.
(2) The board must, as soon as practicable, and before the pre-hearing conference, forward to the disputant copies of the things forwarded to the board under subsection (1).
So a traffic officer does not even have to show up in court to be cross examined in any meaningful way?
I mean it's not like judges really find against traffic officers that often, all they have to usually do is show up....
Traffic Court gives the average public a rare glimpse into operations of the legal system as well, it has value that way I believe too.
I hope we have a new government May 14..... I would like to have some sort appeal rights for the draconian traffic legislation being brought in by all the aging scared baby boomers.....