Matthew Catling received two traffic tickets, one in Richmond for speeding in a municipality and one in Vancouver for using an electronic device. Mr. Catling filed separate Constitutional Question Act notices on both the Richmond and Robson Square prosecutions on November 2, 2017, and November 24, 2017, respectively. He asserted that s. 63.1 of the Offence Act violates Sections 7 and 11(d) of the Charter.
[3] Section 63.1 provides:
An enforcement officer may appear as, and may exercise the powers and perform the functions of, a prosecutor in relation to a violation ticket under this Act whether or not he or she is a member of the Law Society of British Columbia.
The Honourable Judge W. Lee declined to permit an evidentiary hearing into the claim that s. 63.1 is unconstitutional and of no force and effect.
Mr. Catling then turned to the B.C. Supreme Court to appeal Judge Lee's decision.
The Honourable Madam Justice Gropper dismissed Mr. Catling's appeal by way of stated case on the basis that it is premature. The matter is remitted to their respective trial courts to fix dates for appearances for hearing or trial on either or both of these matters.
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