An investigation may be brewing into the case of a North Vancouver RCMP officer who committed “apparent perjury” in an impaired driving case.
Yesterday, CKNW reported a B.C. Supreme Court judge had thrown out an immediate roadside prohibition (IRP) order against a driver, using that pointed language.
In his ruling, Justice Anthony Saunders found the Mountie had failed to attach the correct documents to his report to the Superintendent of Motor Vehicles, despite swearing them in.
Justice Saunders ruled that was enough to quash the case: “the adjudicator … acted unreasonably in failing to give due consideration to the consequences of the apparent perjury of the peace officer.”
The accused’s driving prohibition, fine, and vehicle impoundment were thrown out as a result.
CKNW now understands the decision covered in our story has been put to the higher ups at management at North Vancouver RCMP for a review into whether there should be an investigation.
Under B.C.’s Immediate Roadside Prohibition scheme, police can issue a three, seven, 30 or 90-day prohibition at the roadside to alcohol-impaired drivers under B.C.’s Motor Vehicle Act, and criminal charges may be laid separately.
The program has faced a series of legal challenges, most recently from lawyers who argue drivers have been denied due process because of massive backlogs in the system.
With files from Jeremy Lye