[2] Section 94(2) of the Motor Vehicle Act of British Columbia created an absolute liability offence of driving while with a suspended licence.

The British Columbia Court of Appeal held that the Act violated a principle of fundamental justice under section 7 of the Charter.

Lamer J, writing for a unanimous court, held that an absolute liability, which makes a person liable for an offence whether he or she took steps not to be at fault, violates the principles of fundamental justice.

Therefore, any possibility of a deprivation of life, liberty or security of person from an absolute liability offence offends the Charter.

Such an interpretation, the Court decided, would be inconsistent with the normal reading of the Charter, demonstrated in Law Society of Upper Canada v Skapinker[5] and Hunter v Southam Inc,[6] which was meant to be generous.