The Lieutenant-Governor in Council of British Columbia referred a question to the Court of Appeal regarding whether s. 94(2) of the Motor Vehicle Act, which created an absolute liability offence for driving with a suspended license and imposed a mandatory term of imprisonment, was consistent with the Canadian Charter of Rights and Freedoms.
The Court of Appeal found the provision inconsistent with s. 7 of the Charter.
On appeal, the Supreme Court of Canada held that a law that has the potential to convict a person who has not done anything wrong offends the principles of fundamental justice.
The Court concluded that combining absolute liability with mandatory imprisonment violates a person's right to liberty under s. 7 of the Charter and could not be saved under s. 1.
