B.C. government quietly tables changes to the way drivers fight traffic tickets

Anyone who receives a traffic ticket in British Columbia is entitled to fight it in court, but the way that happens could look very different if the province pushes through a new bill tabled at the end of last month.

“I really think it’s important that we understand that people have the right to be presumed innocent until proven guilty,” said criminal lawyer Sarah Leamon, who has major concerns with the proposed legislation. “They have a right to due process and they should also have a right to counsel.”

Bill 17, the ambiguously titled Miscellaneous Statutes Amendment Act, would give people the option of fighting tickets virtually, but also contains proposed changes to who initially hears the disputes.

At the moment, people fighting traffic tickets do so before a justice of the peace or a provincial court judge.

But if Bill 17 is passed, the province could decide if certain proceedings are “held with or without a justice” and also “who may, may not or must attend a conference”.

Leamon fears that vague language means lawyers could be excluded from the process.

“The right to have a lawyer is a fundamental facet of our justice system,” she said.

CTV News took her concerns directly to Attorney General David Eby.

“A significant number of British Columbians, when they get a ticket, they’ll dispute it. About 80 percent of tickets are disputed,” he said. “What we’re trying to do is save time and money and resources in the system, and also at the same time make it more convenient for the people who do challenge their tickets.”

Asked if he could say unequivocally that anyone wishing to dispute a traffic ticket in the province going forward would always have the option to have a lawyer, he said that would no longer be the case for certain proceedings.

“For this first informal dispute resolution process, there may be a process where that would take place without a lawyer but anyone can opt out of it. You don’t have to do that,” Eby said. “And I can guarantee that if you want to have a trial on your traffic ticket and you want to bring a lawyer, this legislation doesn’t change that. It just means that you do it on your smartphone or a computer instead of in a courtroom.”

Mike de Jong, the BC Liberal opposition critic for the attorney general, says the bill’s intent is not clear.

“Ensuring that people have the procedural protection to ensure a fair hearing and a fair trial is as important today as it’s ever been,” said de Jong. “I think the bigger challenge here is something we’re seeing on a repeated basis from the present government, and that is vagueness in legislation.”

Lawyers in the province will be watching the legislation closely, and if passed they’ll be looking to see where they fit in as they try to help their clients navigate the new system.