How have courts interpreted the phrase “without reasonable excuse” under section 94.6(1)(b) of the Motor Vehicle Act?
British Columbia, Canada
The following excerpt is from Streeter v. British Columbia (Superintendent of Motor Vehicles), 2009 BCSC 1410 (CanLII):
A similar situation arose in Helgesen v. British Columbia, 2001 BCSC 1391. In that case the court was required to interpret section 94.6(1)(b) of the Motor Vehicle Act concerning imposition of a driving prohibition where a person “without reasonable excuse” fails or refuses to provide a breath or blood sample “under section 254 of the Criminal Code”. The court interpreted the phrase “without reasonable excuse” as importing into the requirements of the section the elements of reasonable excuse as it has evolved through judicial consideration of section 254 of the Criminal Code.
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