SafeRoads v. K.P.

(SafeRoads/Notice of Administrative Penalty). In a case called SafeRoads v. Smits, 2023 ABKB 435 a superior court justice held that it unfair for the Director of SafeRoads to withhold police video.  At para. 83 of Smits the Court stated: "...it is my view that the common law principles of fairness require the disclosure of any existing video or audio recordings to applicants seeking license suspension reviews before SafeRoads...".  The Court logically went on to say: "Given that the use of such evidence aids in the search for truth, enhances acceptability of administrative action, and costs little to produce, share, and review, its exclusion from SafeRoads adjudications is unfair". 

In KP, the Director failed to provide video of the encounter that was in possession of police. Over years of SafeRoads cases, the Director has withheld video requested by Roadside recipients seeking to cooroborate their version of what transpired. For years SafeRoads rejected that video was relevant and/or necessary.  The Smits decision effectively confirmed a common sense defence argument. 

As a result of Smits, KP's roadside were cancelled. 

David Chow has been litigating roadside sanctions cases in Alberta since the inception of SafeRoads in 2020. If you have been issued a roadside sanction, it is recommended that you consult with a qualified Alberta Roadside Sanctions lawyer.