01 December

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IRPs – Update if you have received a 90-day Immediate Roadside Prohibition

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Yesterday the Court ruled that the 90-day IRP scheme is unconstitutional. There are a number of immediate consequences. The law may be a nullity. Nevertheless, we advise everyone who has a prohibition to continue to abide by it until you have had your license reinstated by ICBC. If you have received a 90-day IRP in the last 7 days, please telephone our office. The Government is still compelling everyone to file for a review and (surprisingly) still conducting review hearings. If you have received a 90-day IRP and we are waiting for a review decision, please be patient. We hope to have an...

01 December

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B.C. top court ruling paves the road for Alberta drunk driving legislation

Posted by Paul Doroshenko

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It was a pop of a cork heard across two provinces, but for Alberta, the champagne fell totally flat. Those expecting salvation in a B.C. Supreme Court ruling, hoping a legal challenge against rigid drunk driving rules would stop similar legislation next door, have little to toast. There’s nothing to celebrate, because the B.C. court only shot down the law for drivers over .08, and not those losing their cars for blowing below the legal blood-alcohol limit. It means Alberta can safely push ahead with Bill 26, giving Alberta police the ability to suspend licences and impound vehicles for motorists caught over .05,...

01 December

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Consequences of the Supreme Court IRP Ruling & Some Thoughts

Posted by Paul Doroshenko

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Note: this blog post speaks of the first IRP scheme and the decision of the BC Supreme Court in the case which considered the constitutional validity of the scheme. That case was appealed to the BC Court of Appeal and a decision was rendered on March 3, 2014. Our thoughts on that court decision can be found here. Yesterday the BC Supreme Court rendered a decision finding that the sections of the Motor Vehicle Act dealing with 90-day Immediate Roadside Prohibitions violate sections 8 and 10(b) of the Charter of Rights. With respect specifically to s.8, the Court found that the...

30 November

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Parts of B.C. drunk driving law ruled unconstitutional

Posted by Paul Doroshenko

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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...

30 November

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IRPs – What we’ve argued all along

Posted by Paul Doroshenko

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Today 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...

30 November

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Court Decision on Constitutional Validity of IRP Scheme

Posted by Paul Doroshenko

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Today, 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...

29 November

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Small Business Owner with Human Resource Problems?

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Owning 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...

25 November

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Port Moody Police and Improperly Calibrated ASDs

Posted by Paul Doroshenko

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We 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...

23 November

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Impaired driving law can’t trump more cops looking for drunk drivers

Posted by Paul Doroshenko

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Forty-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.

Impaired driving law can’t trump more cops looking for drunk drivers was last modified: November 23rd, 2011 by Paul Doroshenko

15 November

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Vancouver Criminal Lawyer slams impaired driving law

Posted by Paul Doroshenko

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Vancouver Criminal Lawyer Paul Doroshenko slams impaired driving law

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.

Vancouver Criminal Lawyer slams impaired driving law was last modified: November 15th, 2011 by Paul Doroshenko