Leah Greathead

These joined constitutional appeals challenged British Columbia’s automatic roadside driving prohibition regime for alcohol-related roadside screening results.

The Court held the scheme was within provincial jurisdiction over licensing and highway safety and did not create an offence engaging section 11(d).

The Court also held that roadside breath demands under the scheme engaged section 8 and that the former fail branch was unreasonable because serious immediate consequences were imposed without meaningful review of test reliability.

The section 8 breach for the fail branch was not justified under section 1.

Both appeals were dismissed, with partial dissent on section 8.

These joined constitutional appeals challenged British Columbia’s automatic roadside driving prohibition regime for alcohol-related roadside screening results.

The Court held the scheme was within provincial jurisdiction over licensing and highway safety and did not create an offence engaging section 11(d).

The Court also held that roadside breath demands under the scheme engaged section 8 and that the former fail branch was unreasonable because serious immediate consequences were imposed without meaningful review of test reliability.

The section 8 breach for the fail branch was not justified under section 1.

Both appeals were dismissed, with partial dissent on section 8.

The Court held that the relevant service under the Human Rights Code was education generally, not a segregated special-education comparator class.

It found prima facie discrimination where a student with severe dyslexia was denied meaningful access to education after the closure of a diagnostic remediation centre and inadequate replacement supports.

The District failed to justify its conduct because it did not properly assess reasonable alternatives before cutting essential services.

The discrimination finding and individual compensation remedies were restored against the District, while broader systemic orders and provincial liability were set aside.