08 December

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Petitions, extensions and stays of driving prohibitions

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As we've said, from our perspective the entire issue of 90-day IRPs should have been resolved when Sivia was released last week. But this will linger, which is why we're now encouraging everyone to Petition to court to review the OSMV review decision in their case. If you need us to get an order re-instating your license, it has become quicker and slightly easier. We can usually have an order in about a week. The AG now consents to most orders if the proper documents have been filed and the legal test is met. The orders we filed today extend the...

08 December

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Ruling puts accused drunk drivers back on the road

Posted by Paul Doroshenko

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07 December

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What to do if you received your 90-day IRP months ago

Posted by Paul Doroshenko

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We've received hundreds of calls already this week from people who got a 90-day IRP several months ago or even last year. We understand that many people are still angry about the process and what they've been forced to pay out, particularly since the scheme has been found to be unlawful. From our perspective, the Government created a law that stood in violation of the Charter of Rights and in particular, grossly restricted the defences a person could advance. Moreover, they made it impossible to obtain the evidence required to prove innocence because the Government either refused to assist, or obstructed...

05 December

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Appeals of IRP Review Decisions

Posted by Paul Doroshenko

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We are starting to flesh out the Government's position concerning people who are serving 90-day IRPs. There are two general classes of individuals: those who applied to review the IRP; and those who missed the 7-day period in which to file an Application for Review. In our view, anyone who received a 90-day IRP should be entitled to have it unwound immediately. We think this is the right thing to do bearing in mind the recent BC Supreme Court decision. Newspaper articles published on the weekend indicate that the Government is taking the position that this decision, for some reason unknown to law, only applies...

04 December

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Editorials on the IRP Decision

Posted by Paul Doroshenko

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We know that many of our clients have felt first hand how unfair the IRP scheme was. What is perhaps surprising is that people not directly affected are nevertheless concerned about the lack of due process and oversight of the police. Looking at the comments section of every news story, it's clear that most people viewed this legislation as a cynical attempt to get around providing people with their rights or a legitimate review of the evidence. It's been interesting to read the comments. It's good to see that so many people are so thoughtful and engaged. We were also surprised that the...

02 December

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90-day IRP Update – Friday December 2

Posted by Paul Doroshenko

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The dust has not settled yet. The decision will impact many people. Right now we are waiting to see how the Government reacts to the Court's decision. We are waiting for: 1. An Order and Declaration from the Court that found certain parts of the IRP scheme unconstitutional. The judge has asked the lawyers back into Court to make submissions on the form of Order and Declaration. 2. The AG's position on those who were caught by the unconstitutional legislation. Is the Government going to remove the IRP from a driver's abstract? Refund fines, impound fees, interlock and course costs? Or are they...

01 December

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

Posted by Paul Doroshenko

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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...