evandyk
Senior Member
The burden fell on the government because the government implemented legislation that the evidence showed would increase risks to the health and safety of road users. Because everyone in Canada has the right to security of the person, if the government implements legislation that harms the security of your person, it then has to show that the action is justified. The government brought no evidence of any benefit from their legislation.
As I said above, if they had found an expert who would credibly testify that X thousand drivers would save 1 minute each per day, the government would have won this case. They didn't bother commissioning that evidence, either because they knew they couldn't get it, or because their litigation strategy was completely misguided and they didn't think they needed it.
As I said above, if they had found an expert who would credibly testify that X thousand drivers would save 1 minute each per day, the government would have won this case. They didn't bother commissioning that evidence, either because they knew they couldn't get it, or because their litigation strategy was completely misguided and they didn't think they needed it.