He Was a B.C. Resident

Ian Shafer used to be a Las Vegas, Nevada resident and had licensed his car there. He moved to Victoria but had not obtained a B.C. driver's license or B.C. licence plates and insurance. He was stopped for speeding by police in Victoria. The incident resulted in a traffic ticket for speeding, not having a BC driver's license and operating an uninsured vehicle being issued.

He disputed the ticket and pled guilty to speeding and not guilty to the other two counts in traffic court.

Two Issues for the Court to Decide

There are two points of interest in this case. The first is how the court decided that Shafer was ordinarily resident in BC and was required to obtain a BC driver's license. The second is whether Shafer knew that he was not properly insured and consequently guilty of operating an uninsured vehicle.

Was Mr. Shafer a B.C. Resident?

Mr. Shafer was born in Saskatchewan but moved to Nevada and intended to remain resident there. He lost his job in the economic downturn and was denied a U.S. work visa, forcing him to return to Canada. He initially settled in Victoria and retained an immigration lawyer to try and return to Nevada. He does not consider himself to be in Canada voluntarily.

Mr. Shafer had obtained a B.C. driver's licence and was not permitted to enter the U.S. Judicial Justice Edwards found that he was a B.C. resident.

Was Mr. Shafer's Car Properly Licensed and Insured?

Mr. Shafer was required to register and licence his vehicle in B.C. within 30 days of becoming a resident in the province. He began the process but had failed to complete it at the time he was stopped for speeding. A finding of guilt was entered on this count.

The AAA insurance policy on Mr. Shafer's vehicle was still in effect and he was attempting to complete the registration in B.C. The court found that he was mistaken in his obligations under the Motor Vehicle Act and found him not guilty on the insurance count.

January 2022

The B.C. Government has amended section 24.1 of the Motor Vehicle Act which defines who is a resident of the province. 

Learn More

• Read the Reasons for Judgment R v Shafer

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