Global National - Parts of B.C. drunk driving law ruled unconstitutional Wed, Nov 30: Canada's toughest drunk driving law is dealt a blow, when a B.C. Supreme Court judge rules parts of it as unconstitutional. Francis Silvaggio reports: Parts of B.C. drunk driving law ruled unconstitutional - Global National - Videos | Global News...
Continue readingToday the Supreme Court ruled that the taking of samples for the purpose of a 90-day IRP is a violation of sections 8 and 10(b) of the Charter of Rights. We have taken the position since the legislation was introduced that using ASD results to harshly punish an individual is a violation of sections 8 and 10(b). The section 8 violation arises by the use of the sample obtained in violation of these rights. The Court now will address the declaration necessary to strike down the relevant provisions of the IRP scheme. Each person who received a 90-day IRP should be entitled to...
Continue readingToday, November 30, 2011, at 10:30 a.m. the British Columbia Supreme Court released its decision concerning certain challenges to the constitutional validity of the Immediate Roadside Prohibition (IRP) legislation. The court has ruled that the ARP legislation infringes s. 8 of the Charter insofar as it concerns the prohibition, penalty and costs arising from the screening device registering a “fail” reading over 0.08. This infringement is not a reasonable limit which is demonstrably justified in a free and democratic society We are studying the decision to determine what steps we need to take for our clients. Please return to our blog in...
Continue readingOwning and operating a small business is challenging but very rewarding. With all the things you have to look after to run a successful business, the last thing you want to worry about are Human Resource Problems. The reality, however, is that failing to squarely address human resource problems can result in significant cost and liability for a small business. At Acumen Law Corporation, our labour and employment advice is straightforward and results oriented. We speak your language because we have been there. Mr. Koshman has managed departments and employees. He has dealt with hard-nosed unions. He knows and understands employment...
Continue readingWe receive many calls each week regarding the ASDs in Port Moody and the problem with their calibration. We have not had confidence in the government to address the issue, so in October we took the problem directly to the media. Although we have many concerns with the BC Government's Immediate Roadside Prohibition scheme, one of its most glaring faults is the reliance on Approved Screening Devices to collect evidence. The law in Canada has been that the results of such a test could only be used to form just cause for further detention and grounds to demand further samples of...
Continue readingForty-five fewer coffins.
If anything is going to kill off opposition to strict new anti drunk-driving legislation in Alberta, it’s 45 fewer customers for the funeral industry in the province next door.
That’s the number of lives apparently saved since B.C. adopted laws which Alberta plans to mirror next year, giving police the ability to impound cars and suspend licences for as few as two drinks.
Draconian, unconstitutional and a total disaster for the service industry: the .05 impaired driving crackdown has been called many things by opponents, but those promoting the law are calling it a great success.
B.C.’s anti-drunk driving legislation is a farce that pads provincial coffers while letting impaired motorists escape criminal prosecution, a veteran Vancouver lawyer says.
And Vancouver Criminal Lawyer Paul Doroshenko told the Sun Albertans may be in for the same laws, which he said circumvent federal jurisdiction while being a cash cow for the B.C. provincial government.
“The B.C. legislation, as far as I’m concerned, was primarily designed as a money-saving thing,” Doroshenko said.
Anyone who has received a driving suspension in Port Moody in the last year after failing a roadside breath test may not have been over the legal limit, according to a lawyer who handles drunk driving cases.
Paul Doroshenko told The Tri-City News the Port Moody Police Department has been improperly calibrating its screening devices, which could mean some people have received suspensions unfairly.
“People in Port Moody need to know that all year long, the officer who has been doing this has been doing it incorrectly,” Doroshenko said. “The results are not reliable.”
In response to Doroshenko’s claims, Port Moody Police Department has asked the Office of the Police Complaint Commissioner to order an investigation, which would be conducted by an outside agency.
