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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 51)

The end of the Charter of Rights in BC

The end of the Charter of Rights in BC

If you thought the IRP scheme was the low point in BC legal history, think again. Emboldened by aspects of the Sivia decision, the BC Government now plans to take away the Charter of Rights and your right to a trial when the police stop you for a driving offence. It's the end of the Charter of Rights in BC. More disingenuous than IRPs or ADPs, the Government has introduced a bill that will completely uproot our justice system. It will eliminate the Charter of Rights with respect to all driving offences in the Motor Vehicle Act. They did this while...

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Drunk driving is on the decline

Drunk driving is on the decline. Or is it on the increase?

Last week CTV reported that the number of people who were given driving prohibitions in connection with an alleged drinking and driving offence since December 1, 2011, was a fraction of the number from the same period the year before and about half of what we would see in a typical year. These are important statistics for a number of reasons and it was not fully fleshed out in the story. Paul was interviewed by CTV the day before, and the clip used in this particular news report was not in relation to the statistics. So we did not get a...

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Government’s IRP fix and what it means to you

The IRP Fix is in - the Government wants an unfair system

The IRP fix is in and British Columbians want to know what it means to them. More important right now is what it means to the people who received a Fail 90-day Immediate Roadside Prohibition before November 30, 2011. The short answer is that nothing has changed. The legislation is silent on Fail IRPs issued before the law was found to violated the Charter in the ruling on November 30, 2011. So unless the Government introduces some other transitional legislation, this matter will be resolved before the courts. Will the legislation impact the petitions/appeals now before the courts? The matters are being...

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Fewer drunk drivers caught since B.C. law struck down – CTV News

[caption id="attachment_16538" align="alignnone" width="450"] Paul Doroshenko being interviewed on CTV.[/caption] Despite the province's pledge to keep the pressure on drunk drivers, the number of people caught over the limit has plummeted in the months since part of B.C.'s new drunk-driving law was struck down. In November, a B.C. Supreme Court judge ruled that the immediate 90-day driving bans for people who blow a "fail" in roadside tests were unconstitutional because there wasn't a fair appeal process. In the fallout, the province promised that drunk drivers would still be caught and charged the old way -- through the Criminal Code. Since then, an average...

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Accused drunk drivers get new ways to challenge penalties – CTV News

The B.C. government has rolled out its court-ordered adjustments to the province's tough drunk-driving law, promising that drivers who blow over the legal limit will have more chances to challenge their readings. The proposed changes come in response to a November B.C. Supreme Court ruling that part of the law was unconstitutional because it was too harsh and lacked a "meaningful review process." Drivers will also be able to challenge the reliability of the breathalyzer that failed them and police will have to submit documentation proving the instruments have been properly calibrated. Internal police documents obtained by lawyer Paul Doroshenko last year...

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New IRP Legislation Introduced

As most people know, the Government has introduced the proposed changes to the Motor Vehicle Act to bring back "Fail" 90-day Immediate Roadside Prohibitions, also known as IRPs or Automatic roadside driving prohibitions. You can find the press release here and the proposed legislation here. Apparently the press release was issued, there was a statement from the Minister, and then she refused to answer questions. We can understand why she would want to get out of there. The media are now well-armed with questions that the Government understandably would like to never answer. First, the Garbage: The Minister said that the Reports will...

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B.C. drunk driving roadside test laws change – CBC News

The B.C. government has introduced new driving laws that it says will enhance fairness for drivers accused of being impaired and increase public confidence. But critics are unsure the proposed changes will stand up in court and say the earlier bad laws could cost the government millions of dollars in refunds. Lawyer Paul Doroshenko, who has several clients who lost their drivers licenses and paid thousands in fees, said the court has ruled the automatic suspensions are unlawful and the government needs to pay that money back. Read more: http://www.cbc.ca/news/canada/british-columbia/story/2012/05/03/bc-impaired-driving-law-changes.html...

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