Vancouver Criminal Law


Vancouver: 604 685 8889
Richmond: 604 370 3050
Surrey: 604 593 8580
Victoria: 250 384 0100
Nanaimo: 250 754 9558
Kelowna: 250 860 2766
Kamloops: 250 372 3448
Fort McMurray: 780 750 7588
Prince George: 250 564 8835



Copyright 2018 Acumen Law Corporation.
All Rights Reserved.

Call 24 Hrs

604 685 8889

Call Us For Free Consultation





Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 11)

Unprepared IRP adjudicators could hurt drivers

Unprepared IRP adjudicators

A recent case argued in the BC Supreme Court by our own Kyla Lee affirms what we have said all along: Immediate Roadside Prohibition adjudicators may not be sufficiently prepared in the areas of law they preside over. In this case, the court identified an adjudicator's lack of understanding of the law that could have resulting in serious consequences to our client. In our view, the adjudicator’s understanding of the law was sufficiently flawed that the judge directed the adjudicator to review case law on the issue. Who or what is an IRP adjudicator? An IRP adjudicator is a person delegated by the Superintendent of...

Continue reading

The Civil Resolution Tribunal, a.k.a. Small Petty Claims Court

The backroom where the action happens at the CRT

Starting on June 1, 2017, BC’s Civil Resolution Tribunal will begin to hear small claims disputes under $5,000. The Civil Resolution Tribunal has been the subject of a lot of ridicule in our office because it's years past its original launch date, we hear it's well over budget, its merely duplicating what is basically already covered by small claims court and finally and most importantly because it lacks the fact-finding methods of a real court. Being a tribunal, we worry that independence of the tribunal will be a problem as we've seen with the OSMV.  It may also encourage nuisance...

Continue reading

Bad laws written by bad governments

Bad government omits lawyers from the discussion of new laws

This week, several MPs tweeted about their participation in roundtable discussions with Jody Wilson-Raybould and other “stakeholders” in criminal justice reform. But best we can tell defence counsel were not invited to have a seat at any of those roundtables. Despite the fact that we come up with sensible and workable solutions to plenty of criminal justice problems, and despite the fact that defence counsel are clearly stakeholders in the system of criminal justice, the Government never wants to hear our voices, thoughts, or ideas.[pullquote]We would have fewer constitutional challenges, better and stronger laws, and a more effective and efficient court system...

Continue reading

B.C. Supreme Court ruling sets strict standard for distracted driving

If there was any doubt about leaving your phone alone while driving, a decision by a B.C. Supreme Court justice has put it finally to rest. Distracted-driving is one law British Columbians break on a massive scale. In Burnaby during the month of March, police and community volunteers handed out 764 distracted-driving tickets and 28 warnings. According to B.C.’s distracted-driving regulations, it is against the law to text, email, talk or otherwise hold an electronic device in your hand while operating a motor vehicle, including while being stopped at a red light. -- Stephanie Skinner, a criminal defence lawyer, says she thinks the ruling was...

Continue reading

High standards for proving drug impaired driving prohibitions

Drivin high?

Late last week we had a significant successful decision in BC Supreme Court for a client who was pulled over by Vancouver police for “slow driving,” before being given a 24-hour prohibition for allegedly driving while affected by drugs. In this case, the officer never found any drugs on our client or among his possessions. Instead, the Vancouver police relied on the smell of “fresh marihuana,” the presence of marijuana grinders, and a bottle of eye drops to make their case. It was not lost on the court that the officer had “no explanation” as to why our client was pulled...

Continue reading

Integrity of the IRP system at stake

What's in the papers?

The past week marks another step in our ongoing quest to expose the true functioning of the IRP scheme and to protect the integrity of our justice system. Back in November 2015, Kyla received a package back from the government on a Freedom of Information request containing information that questioned the integrity of BC’s IRP system. Inside the package were pages of confidential material the Government didn’t want us to see (known as the Victoria Papers). The material included a conversation where a lawyer working for the Ministry of Justice appeared to give orders to an IRP adjudicator describing how she...

Continue reading

How Paul Doroshenko Went from Boosting BC Liberals to Suing Them

After pitching in on three campaigns, lawyer hates what he sees on TV. A Tyee interview. Paul Doroshenko’s first political volunteer job was sawing stakes and putting out signs for Gordon Campbell in 2001. From there the lawyer moved to the phones, ringing up people to urge them to vote BC Liberal. A grateful party appointed their keener to be a scrutineer at polling stations on Election Day. In all Doroshenko worked on three election campaigns with BC Liberals. He was so dedicated, as he recently tweeted, he’d pound campaign signs in the ground “Often in the pouring rain. In my suit...

Continue reading

More fishy stuff at RoadSafetyBC

We’ve written a lot about RoadSafetyBC delaying rendering IRP review decisions. One of the problems with the ongoing backlog of decisions is that as time goes on, memory fades, witnesses disappear, friends move on, and evidence becomes harder to obtain. It’s one of the reasons we have so many concerns with the delay in rendering decisions. This past week, we discovered yet another problem with the delay issue that impacts your right to a fair hearing. We received a number of letters from RoadSafetyBC all at once. The letters indicate, for a substantial number of clients, that the adjudicator who initially heard...

Continue reading

Lawyers working in the public interest

Failure of checks and balances

If you weren't aware of it before, the last few months have given many a new understanding of lawyers working in the public interest. The reality is that working for the public interest is common for tens of thousands lawyers around the world for much or most of their work day. But the Trump administration has brought to the public attention the importance of public interest advocacy. A quick discussion of politics and history are required as a background to this post. We often speak of checks and balances to our system of democracy. The idea is that if you allow too...

Continue reading

B.C. government sued over use of taxpayer-funded advertising

Two Vancouver lawyers have filed a lawsuit against the B.C. government for allegedly misusing tax money. The civil claim — filed Monday morning by David Fai and Paul Doroshenko — alleges the government broke the law by spending as much as $15 million a year ago to "enhance the image of the governing BC Liberal party." "We are seeking that the money being spent by the government on non-essential advertisement be reimbursed to the government coffers," said Doroshenko. "We look at all these advertisements that the government is running right now as breach of the obligation the government has to spend money...

Continue reading