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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 15)

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...

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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...

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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...

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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...

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NOTICE to anyone who received an IRP since June 2012

Notice to anyone who received an IRP

If you received an IRP since June 2012, you need to read on and follow our instructions. It's important for you. You may still have a chance to have your Immediate Roadside Prohibition revoked, removed from your license and get some of your money back. Kyla Lee had not one but two major successes last week in our courts. She succeeded at the BC Court of Appeal last Thursday in the Macht decision which addresses a regular problem we see in decisions of the RoadSafetyBC tribunal. In that case the Court agreed that an issue that was the primary thrust of...

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Appeal Court Success for Kyla Lee of Acumen Law

Kyla Lee wins at the BC Court of Appeal

We often joke that that the BC Court of Appeal never saw a driving prohibition that they didn't like. But that changed Friday when the Court released their decision in Macht v. the Superintendent of Motor Vehicles. One particular concern we have when it comes to the adjudication of Immediate Roadside Prohibition (IRP) cases by the Superintendent of Motor Vehicles (A.K.A. RoadSafetyBC) is that the adjudicators appear to regularly disregard the thrust of the legal argument if they can rephrase it in a way to suggest that you were not forwarding a certain salient point. For example, you might argue that...

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Updated website

Updated Acumen Website

Welcome to our newly updated website! We've been working hard for the last few months to update and refresh our website to make it easier to read and to ensure that we can have the most accurate up-to-date information particularly on the practice area pages. There have been many dramatic changes to the legal landscape in BC and Canada in the last few years and it can be very hard to keep up. Our blog contains over 500 posts, most of which deal with the IRP scheme. We considered altering or removing some of the posts that are less relevant bearing in...

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End of the line for version 1 IRP legal challenges

In September we told you about how we ended up involved in the appeal of the remedy decision for the first version of the IRP scheme. The original challenge to the first version of the IRP scheme (what some call "IRP 1.0") was advanced by a group of lawyers, us included, and handled by a firm we hired to mount the challenge. They succeeded and the law was struck down. The issue next was whether there was a remedy for the people who were punished while the unconstitutional law was still in place. Many people had grand hopes in class-action lawsuits,...

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Do they care about saving lives or holding power?

About 78 people die each year in BC due to a collision involving a drunk driver. That’s the average you’ll find on ICBC’s website. It’s significant because in most of those cases the deaths are directly linked to the fact that one driver was impaired in their ability to drive. It follows that in most cases the accidents were avoidable. To deal with this problem the BC Government told the courts that this is a crisis and because it’s a crisis they should be permitted to have constitutionally deficient legislation. To that end the BC Government created the Immediate Roadside...

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Drove to Escape an Assault

One of the more disappointing aspects of the Immediate Roadside Prohibition review scheme is that there is no defence available if you drove to escape an assault. In criminal law we have the defence of necessity. So if there was a hunting accident and there was no reasonable option but for you to drive to obtain medical help, you would have a defence to any criminal impaired driving charge under that circumstance. Similarly, if the reason you got behind the wheel was to flee an attacker, you would be able to rely on the defence of necessity as an excuse...

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