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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 7)

Update for IRPs outside the 7 days

7-days IRP

Today we received the decision in our challenges to RoadSafetyBC’s policy decision not to follow the Segers decision, and not to grant extensions when the 7-days are up to apply for review of a 90-day IRP. You can find the decision here.[pullquote]The judge was in the unpleasant position of being able to see an obvious unfairness perpetuated by a government and feeling bound by legal constraints causing her to be unable to do anything about it. [/pullquote] In short: the challenge was unsuccessful. If you miss your seven days, that’s it. For now. But why? Arguments on the 7-day extensions There were several arguments...

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The review process is far from perfect

The RoadSafetyBC review process is far from perfect

You may remember our blog posts about the decision in Kenyon when it was first released: A good decision and Look at the evidence, then decide. We pointed out that the Government was very upset about the Kenyon case and its implications. So when we learned that Kenyon had been appealed, we weren’t surprised. Not one bit. You may also remember that the Government’s tactic all along has been to appeal almost every successful judicial review decision.[pullquote]It appears that the Court of Appeal saw through the Government’s end-run around fairness and objectivity in the review process[/pullquote] The Kenyon decision was appealed along...

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Free the weed, hammer the drivers?

Free the Weed, Hammer the Drivers?

With the election of Justin Trudeau, the legalization of marijuana in Canada is looking less like a pipe dream and more like a reality. But getting there won't be easy and there will be many variables and factors to work out over time. For instance, if marijuana is legalized, the issue of marijuana-impaired driving is one that will need to be addressed. We have already seen Colorado and Washington struggle with this issue. So how would BC cope? If we free the weed, will we hammer the drivers? Where will we draw the line?[pullquote] Will the provincial government want to go...

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Justice – swift, severe, and all in 30 minutes or less

Justice - swift, severe at the OSMV

We’ve written before about some of the ways that RoadSafetyBC’s tribunal impedes access to justice. The seven-day time limit to file for review of the IRP (with currently no opportunity for an extension) is a good example of this. Or the Superintendent of Motor Vehicles recent decision to no longer allow for supplemental submissions after the close of the hearing, even if it takes them two years to render your decision.[pullquote]But what happens if you cannot fit your submissions in to 30 minutes? What if you have a complex, technical, scientific and legal argument...

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What it’s like to win an IRP?

What it's like to win an IRP

In a recent blog post, we celebrated our success as the Champions of IRP Defence. We’ve earned that title. Recent statistics show that in some months we succeed in more IRP review hearings than all other BC law offices and self-represented individuals COMBINED. (freaky) [pullquote]We have heard everything from screams of joy, to tears, to public celebrations, to shocked silence and the phone hitting the floor. [/pullquote] We are clearly very serious about winning, and we love our jobs. So we thought it might be fun to share with you what it’s like to win an IRP. We want to win an IRP for...

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The fine print on BC DUI driving suspensions

The fine print on IRP DUI suspensions

When we reviewed the documents we recently obtained through Freedom of Information Act (FOI) requests we got pretty angry. Usually we're angry because we see that the BC Government seems to go through extreme machinations to avoid giving us the documents that we request concerning BC DUI driving suspensions. But this time we were angry about something else.[pullquote]The Government didn't create the IRP scheme to help people get their IRP revoked.[/pullquote] Two recent FOIs dealt with two different issues but they shed light on a third issue. In one package of documents we could count up and see how many Immediate...

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A government in opposition to its citizens

A government in opposition to its citizens

On October 16, 2015, in the wake of the Supreme Court of Canada’s decision in Goodwin and Wilson, Justice Minister Suzanne Anton delivered the following statement: “Our belief is that the amendments our government made in June 2012 already address the constitutional issues noted in the court’s decision, and our intention is that the IRP program continue without interruption.” It’s a careful statement. Of course, the “constitutional issues,” as she phrased it, actually refer to a very powerful victory for B.C. citizens and a very significant defeat for the B.C. government.[pullquote]the Superintendent now, on its own initiative, can assist itself to challenge...

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A new low for the BC Government and the IRP scheme

New low for the BC Government

We knew this would happen. We knew it was only a matter of time. As a scandal about hiding evidence swirls around them, we have a new low for the BC Government and the IRP scheme. And it's another trick.[pullquote]We believe this is unconstitutional. We believe these provisions of the Motor Vehicle Act create a bias, in that the Superintendent is now an investigator and prosecutor in his own case.[/pullquote] The BC Government has enacted by Regulation another round of the amendments to the Motor Vehicle Act that were set out in Bill 15. Although there are several amendments that are still...

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Why many people lose their IRP hearing

BC drivers want to know why many people lose their IRP hearing

We collect a lot of internal BC Government documents by various means. Most of the documents that we obtain are from RoadSafetyBC dealing with IRP Immediate Roadside Prohibitions for drunk driving.[pullquote]The BC Government is downright gleeful about it. You see, it's a trick. It catches most people who get an IRP. Not only is it a trick, it's a trap.[/pullquote] It's fascinating what we learn pouring through internal Government documents. For example, in the most recent big story about unlawfully issued IRPs that we broke a few weeks ago, the material obtained indicated that the Government spent countless hours trying to...

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DUI is nothing new

My name is Paul Doroshenko. I'm a lawyer who deals mainly with cases involving the police. My law firm, Acumen Law Corporation, is the most successful BC law firm dealing with Immediate Roadside Prohibition DUI cases. Long before I became a defence lawyer, I was a historian among other things. From the day I started as a lawyer I was involved in drunk driving defence. As a historian, I also took an interest in the history of DUI laws and the way that the police investigate impaired driving cases. One thing I can tell you is that DUI is nothing new. Before...

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