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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 60)

“May pose a danger”

It may seem nebulous, but it was the conclusion of the Court that applying the Charter to immediately strike down the unlawful IRP law "may pose a danger" such that it is appropriate to delay the declaration of invalidity. What does this mean for our clients? The Court went on to say: In suspending this declaration of invalidity it is not my intention that the fact of the suspension itself will affect any rights that may have accrued or vested up to the present date. This would seem to suggest that people who have sought a remedy in the Court by filing a...

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Court decision – December 23, 2011

The Court has rendered its decision concerning the implications of the 90-day IRP scheme having been found to violate the Charter of Rights. We are reviewing the decision. We will post updates when we have had an opportunity to consider the implications of the decision. You can read the decision here: http://www.courts.gov.bc.ca/jdb-txt/SC/11/17/2011BCSC1783.htm...

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Gambling

We expect a decision from the Court today concerning the application of the November 30th ruling in which the 90-day IRP/ARP law was held to be unconstitutional. What will it mean? We will tell you when we see it. One way or another, we doubt it will resolve the issue of outstanding IRPs or provide a complete answer for people who have their matter before the Court in the form of a Petition to review the adjudicator's decision. Simply put, the Government appears to have dug in its heels, so it seems probable that the matter will end up in the BC...

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Stats and waiting for the return of your BCDL

A suggestion the Government seems to make by hammering one single statistic out of context is that recidivists are responsible for drunk driving deaths and therefore we should conclude that the IRP law stopped repeat drunk drivers. That would be the only way the decrease could be attributed to the IRP scheme. And bearing in mind that it is 90-days that the person is off the road, then what we would need to examine is how many repeat drunk drivers cause an accident in the 90-days after they are initially stopped. None of this is discussed when the Government bleats...

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