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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 20)

Challenge to the IRP scheme version 2

Challenge to the IRP scheme version 2

Few people are aware that there was a challenge to the IRP scheme version 2. We didn't talk about it here on our blog because we thought it would be inappropriate to publicly discuss it before the hearing took place. However, the hearing is now over and so we're now happy to report what's been going on. The challenge Back on November 30, 2011, the first version of the Immediate Roadside Prohibition scheme was found unconstitutional in a BC Supreme Court decision called Sivia v. The Superintendent of Motor Vehicles. The Court in that case identified several failings with the IRP scheme,...

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Changes made to prostitution bill

Sarah Leamon

Tue, Jul 15 – The House of Commons justice committee has voted to amend the Conservatives government’s new prostitution bill. The amendment will now criminalize prostitutes if they communicate for the purpose of selling sex next to a school, playground or daycare centre. Global News spoke with criminal lawyer Sarah Leamon about the impact of these changes.   Your browser may not support frames. Click here to view the frameless video....

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Breathalyzer Malfunctions and Your Right to Know

Breathalyzer malfunctions

There are many things we do in pursuit of being the best IRP Lawyers. One of them is our Freedom of Information database. We regularly compel the police to disclose to us copies of maintenance and calibration records for approved screening devices by demanding the documents via the Freedom of Information and Access to Information laws. At this point we’ve accumulated thousands of pages of breathalyzer disclosure indicating all sorts of breathalyzer malfunctions. For a long time many police departments fought us on our requests. Some internal disclosure documents we have obtained show that the RCMP have actively tried to find...

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Lawyers and the IRP scheme

Lawyers and the IRP scheme. But for lawyers, there would be almost no defences

We got the sense that the Government hates lawyers. We came to this conclusion because of the crappy legal aid funding situation, legislation the Government introduced that prohibits people from being represented by a lawyer in some circumstances and utterances on BC Government websites designed to discourage people from hiring a lawyer to defend their IRP. When it comes to lawyers and the IRP scheme, we think that RoadsafetyBC (the office formerly known as the OSMV) intended, hoped and expected to undermine the authority of lawyers so it would be easier to reject drivers at their IRP appeal hearing. They didn't...

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The IRP law is bad law

The IRP law is bad law going the wrong way

We've said all along that the IRP law is bad law -- you can read several hundred of our blog posts to see our opinion on it. What always surprises us is that it was so poorly thought out by the people who wrote the law and promoted it. They did no scientific testing to determine if it was appropriate to rely on screener breathalyzers to punish people (it isn't) and they were blindsided by the legal challenges and complex legal arguments we've brought on. One of our biggest concerns, however, was that people who are tested on ASD screeners and...

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