Summons by Mail

Year
2008
Number
B6
Sponsor(s)
Vancouver

WHEREAS personal service of summonses is time consuming, expensive and often ineffective because many defendants actively evade service or move; AND WHEREAS it is critical that an alleged offender be properly notified of the offence with which he or he is being charged: THEREFORE BE IT RESOLVED that the Province of British Columbia be requested to amend provincial legislation to allow service by summons by registered mail to the registered owner of a motor vehicle, the owner of real property and the registered office of a business corporation.

Provincial Response

Ministry of Attorney General The comments of the UBCM Resolutions Committee on Resolution B6 referred to the similar 1992 Resolution to request allowing service of summons by registered mail. It also noted that the Provincial response at that time raised concerns based on the Canadian Charter of Rights and Freedoms and the specific legal requirements that the Charter imposed with respect to the service of summons to start the process of laying a charge. Those concerns continue to exist. Before the requested amendments could be introduced by the Government in the Legislative Assembly, it would have to be satisfied that those concerns have been overcome in relation to all of the offences and contraventions that would be included in the proposed amendments.

Convention Decision
Endorsed