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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 12)

Prepared for a big day in IRP history

IRP History

We've arrived in Ottawa. We've got all of our material and argument together. We're prepared for a big day in IRP history. And it will be a big day. Last Friday we received a fax from the registry at the Supreme Court of Canada listing the order of cases and speakers. The Wilson case will be first which means that Kyla is the first one to speak at the Supreme Court of Canada about IRPs. She is allotted 30 minutes. Counsel for the BC Government will speak next and Kyla will be permitted a 5-minute reply. Then the Wilson case will...

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Supreme Court of Canada next week

Supreme Court of Canada to hear Wilson and IRPs

In one week the Wilson case and the Goodwin (Sivia) case will be argued at the Supreme Court of Canada. It's hard to believe what a long road this has been, but here we are. We're at the Supreme Court of Canada next week.[pullquote]For us it's a no-brainer because some officers have told us that there were occasions when they felt they didn't have the right opinion despite the test results.[/pullquote] Our role is exclusive to the Wilson case. When Kyla looked at the BC Court of Appeal decision in Wilson she felt that the Court failed to apply the correct...

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The laws have changed

The laws have changed and you didn't even notice

You wake up one morning and the laws have changed. You realize that the society around you is no longer recognizable to you. The ideas and concepts that you have long considered abhorrent and contrary to the dignity of yourself and your fellow humans have now become the law. The laws have changed. What do you do?[pullquote]Got an IRP and feeling lonely? You're not alone. You're part of a community with a particular common experience and particular insight into the state of justice in our province.[/pullquote] Three years ago we told our readers where things are going in BC. It saddens...

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Steps to eliminate justice

House of cards

It's a disturbing time to be living in Canada. In BC we see that our provincial Government is attempting to undermine the justice system. For political and economic reasons they want to eliminate justice. It's an upsetting trend.[pullquote]No, the actual purpose from what we can see is to stack the deck in favour of the Government because they know that actual lawyers pose the biggest risk to the Government.[/pullquote] We watched in recent years as legal aid has been reduced to such an extent that legal aid lawyers no longer have the resources to put up much resistance to the Government...

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Funny doings in Victoria

Clown

We keep our finger on the pulse of the legislative action in Victoria when it comes to the proposed changes to the Motor Vehicle Act. Mind you, “action” probably isn’t the appropriate term because it suggests a level of intensity that just isn’t there. And "pulse" would suggest that there is one; as though democracy was alive and well and fulfilling the purposes we expect of it.[pullquote]As a member of the opposition you may feel you have no choice but to vote for a bad law because you know your political fate hangs on how you deal with this particular...

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Disputed traffic tickets on the rise in B.C.

Disputed Traffic Ticket

Under new system, lawyer says there will be no right of appeal As the B.C. government moves to shift traffic violations out of court, data from ICBC show the number of disputed tickets has been on the rise since 2008. Lawyers are questioning the planned shift, fearing the move will strip motorists of their constitutional rights. Under legal amendments enacted by the B.C. government, police will stop writing tickets and will electronically issue what are called “driving notices” with an online payment system. Disputing a notice involves a three-part process, according to Vancouver lawyer Kyla Lee. Initially, adjudication officers with the office of the superintendent...

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B.C. moves to eliminate court trials for traffic violations

BC Traffic tribunal under scrutiny

The B.C. government is shifting traffic violations out of court in a move lawyers fear strips motorists of constitutional rights. The Liberals are implementing amendments passed with no fanfare in 2012 to establish a new process for handling offences under the Motor Vehicle Act, similar to the paradigm shift made dealing with drunk drivers in 2010 when most impaired charges and trials were eliminated with a heavy-handed Immediate Roadside Prohibition (IRP) regime. The Ministry of Justice and Public Safety confirmed Tuesday that a two-stage rollout is planned to shift MVA violations from the criminal system. Work is underway on Phase 1, it said,...

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