Under Section 95 of the British Columbia Motor Vehicle Act, driving while prohibited is treated as a full mens rea offence. This means that to secure a conviction, the Crown must prove beyond a reasonable doubt that you had actual knowledge of the prohibition.
However, some drivers believe they can escape liability by simply avoiding official mail or refusing to read documents sent by the Superintendent of Motor Vehicles. As the courts have repeatedly shown, attempting to remain deliberately ignorant of your driving status is a flawed strategy that leads straight to a conviction.
The Precedent: R. v. Cole, 2012 BCPC 262
The legal dangers of intentional ignorance are perfectly illustrated in the case of R. v. Cole. In this matter, the driver was fully aware that an Administrative Driving Prohibition was pending and had actively requested a review of the looming ban.
When the Superintendent issued the official notice, it was sent via certified mail. The driver signed for the package, proving it arrived in his hands, but chose to leave the envelope unopened. He later argued in court that he did not possess the required legal knowledge of the prohibition because he never technically read the document.
Deliberate Ignorance vs. Willful Blindness
The court firmly rejected the driver's defense of ignorance. The presiding judge determined that by signing for the certified mail and intentionally failing to open it, the driver was acting with willful blindness.
In Canadian law, willful blindness arises when a person knows that a fact exists or is highly likely, but deliberately chooses not to ask questions or verify the truth so they can maintain a claim of innocence. Rather than deliberately ignoring it, the driver would have known that he was prohibited from driving.
Because the law treats willful blindness as the exact legal equivalent of actual knowledge, the court imputed the necessary mens rea to the driver. Consequently, the defense failed entirely, and a conviction was entered to the charge.
The Bottom Line
If you have reason to believe your driving privileges are being suspended, hiding from the paperwork will not protect you. The moment you opt to turn a blind eye to official notifications, the court will substitute your deliberate ignorance with guilty knowledge.
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