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Reference Re BC Motor Vehicle Act
''Reference Re BC Motor Vehicle Act'', () 2 S.C.R. 486 was a landmark reference submitted to the Supreme Court of Canada regarding the constitutionality of the British Columbia ''Motor Vehicle Act''. The decision established one of the first principles of fundamental justice in the ''Canadian Charter of Rights and Freedoms'', beyond mere natural justice, by requiring a fault component for all offences with penal consequences. The decision also proved important and controversial for establishing fundamental justice as more than a procedural right similar to due process, but also protects substantive rights even though such rights were counter to the intent of the initial drafters of the ''Charter''.〔This distinction was later relied upon in the ''R. v. Morgentaler'' (1988) decision and then ''Chaoulli v. Quebec'' (2006).〕
==Background==
Section 94(2) of the Motor Vehicle Act of British Columbia created an absolute liability offence of driving while with a suspended licence. To obtain a conviction, the Crown needed only to establish proof of driving regardless of whether the driver was aware of the suspension or not. A successful conviction carried a prison term of a minimum of seven days.
The British Columbia Court of Appeal held that the Act violated a principle of fundamental justice under section 7 of the Charter.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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