Vancouver Criminal Law

OUR LOCATIONS:

Vancouver: 604 685 8889
Richmond: 604 370 3050
Surrey: 604 593 8580
Victoria: 250 384 0100
Kelowna: 250 860 2766
Fort McMurray: 780 750 7588

Facebook

Twitter

Copyright 2016 Acumen Law Corporation.
All Rights Reserved.

Call 24 Hrs

604 685 8889

Call Us For Free Consultation

Facebook

Twitter

Search
Locations
 

Blog

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

Challenging Established Beliefs

Challenging established beliefs

If you challenge conventional dogma, you run the risk of being labeled a heretic and you face a midnight arrest and subsequent show trial. If you follow the example of Socrates and defend yourself to the embarrassment of the authorities, you can expect them to come down hard on you. If you partially recant, like Galileo, you may get off easy. But of course, Galileo lived in different times. And when he explained that the earth orbits the sun, the evidence was there for all to see. People knew or suspected that the accepted dogma was likely mistaken. It had become commonly...

Continue reading

All The News That’s Fit to Bury

IRP News that's fit to bury

The end of April is now upon us and we still have not heard a peep from the New Westminster Police concerning the Port Moody Police. If you have followed our blog, you may recall that we revealed that the Port Moody Police were not following proper procedures in calibrating Approved Screening Devices. We gave this information to the media, and the New Westminster Police were brought in to conduct an investigation. As far as we were concerned, it should have taken no more than 30 minutes to sort the matter out. But that would have required an admission of the...

Continue reading

A Sigh of Relief in Alberta

Many Albertans had a good night sleep, satisfied in having maintained the status quo, i.e. having stopped the Wild Rose Party from seizing the Provincial Legislature. The turning point was that in the final week it started to become clear that some of the candidates for the upstart party were hillbilly bigots. Or something like that, in any event. So fear took the day, and many who would otherwise have voted Liberal or NDP cast their ballot for the Progressive Conservatives. Noteworthy is that the Progressive Conservatives are far more progressive than they were a decade ago. And Alberta is no...

Continue reading

Quick IRP Update

Some recent developments on the Immediate Roadside Prohibition (IRP) front. If you have been following closely, you may know that Sivia, for whom the leading case is named, was in fact an ASD refusal allegation. So although this person is commonly referred to as having been successful in the Court challenge, in fact they were not because the decision only found "Fail" scenarios to be a violation of the Charter. We were aware that Sivia did not have much of an argument on the merits of the case, so it was just a matter of time until this petition was...

Continue reading

Unintentionally Encouraging Charter Violations

Chad Kroeger's case had the effect of encouraging charter violations

Chad Kroeger's over .08 case was a turning point for the police. Like so many before him, Mr. Kroeger (or Turton if you prefer) drank too much one night before driving his Lamborghini through Surrey. He was pulled over by the RCMP and ultimately he provided breath samples in excess of the legal limit.[pullquote]It was a Charter violation -- an unreasonable search and seizure. A search not authorized by law is by definition unreasonable. But what of it?[/pullquote] Whatever you may think of Mr. Kroeger, he is known as a successful businessman and music producer. But in the area of drinking-driving...

Continue reading

When the Charter Lets You Down

VPD search without a warrant -- find reason later

The Charter of Rights and Freedoms is great -- if the police kick down your door on a whim without a warrant and then refuse to let you call a lawyer, the plastic bag of cannabis they stumble upon in your cupboard will not be evidence considered by the Court to prove any charge against you. You may feel like a victim of crime, but at least you are not going to jail. This is the upside of the Charter. In egregious cases you have a very good chance of getting a remedy, i.e. an acquittal because the Court refuses...

Continue reading

Celebrate the Charter of Rights

Today is the 30th anniversary of the Charter of Rights. Three decades ago on a windy, rainy day Queen Elizabeth, Pierre Trudeau, Jean Chretien, along with some hangers on and dignitaries, got together in a ceremony to sign the Charter of Rights and Freedoms and patriate (make Canadian) the Constitution. The ceremony was outside. When there was a break in the rain, they pulled everyone on stage. Queen Elizabeth overheard Jean Chretien uttering profanities in French when a pen malfunctioned. They got the papers signed, finished everything up and then it started to rain. Jean Chretien, aside from having been a good...

Continue reading

Undermining the Charter of Rights

Undermining the Charter of Rights

It is the 30th anniversary of the Charter of Rights and Freedoms and as far as we are concerned there should be a national holiday. The Charter of Rights and Freedoms governs all sorts of relationships we have with governments and police. It informs our sense of fairness and the very idea of what we understand Canada to be. We all get a day off for Victoria Day, to celebrate something to do with a British monarch who has been dead for over 100 years and who facilitated the subjugation of peoples around the world by way of nationalistic ethnocentric...

Continue reading

Exclusion of Evidence

The Charter of Rights guarantees that every person has a series of significant rights upon arrest or detention. You have the right to be free from arbitrary detention. You have the right to be advised of the reasons for detention. You have the right to retain and instruct counsel without delay. You have the right to be secure against unreasonable search and seizure. And above all, you have the right to life, liberty, and security of the person. These rights are constitutionally entrenched in sections 7 through 10 of the Charter. Sections 7 through 10 are the most frequently litigated sections...

Continue reading

Put It to the Voters

Put the IRP scheme to the voters in the BC election

Gordon Campbell was forced out by his own party in response to the public backlash that followed the botched introduction of the HST. The main complaint people had was that the BCLiberals did not disclose until after that last provincial election any plans to harmonize the sales tax. The anger against the HST was not justified, but even those who were indifferent about the tax were understandably pissed off about the fact that the BCLiberals were silent about it in the election campaign. The idea of a democracy is that regular citizens with similar ideas can get together, form parties, explain clearly...

Continue reading