The issue of whether the BC Provincial Government’ s grant of jurisdiction over certain Motor Vehicle Accident claims to the Civil Resolution Tribunal offended Section 96 of the Constitution Act, 1867 (“the Constitution Act”) was considered by Chief Justice Hinkson in the recent decision, Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2021 BCSC 348. Section 96 of the Constitution Act grants inherent jurisdiction to the Superior Courts in each province to try all matters of law. Chief Justice Hinkson determined that the Civil Resolution Tribunal’s power to make determinations under section 133 of the CRT Act was not ancillary or subsidiary to its administrative functions. In summary, the court determined that certain provisions of the Civil Resolution Tribunal Act violated section 96 of the Constitution Act.
The court granted an order declaring that ss. 133(1) (b) and (c) of the CRTA are unconstitutional and of no force or effect. The Court also declared that s. 16.1 of the CRT Act is unconstitutional and should be read down insofar as it applies to accident claims, except for determination of accident benefits under s. 133(1)(a).
