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Presentation to the Senate Legal and Constitutional Affairs

On September 27, 2016, Paul Doroshenko of Acumen Law Corporation presented to the Senate Legal and Constitutional Affairs Committee with respect to a study the Senate is conducting on delays in Canada’s Criminal Justice system. Paul went over time in his oral evidence. The entire presentation was provided in written form. We have reproduced Paul’s entire presentation below. Click here to download the PDF. Delay in Our Justice System Arising from Developments in Impaired Driving Defense Paul Doroshenko, Lawyer, Acumen Law Corporation STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS Study on matters pertaining to delays in Canada’s criminal justice system September 27, 2016 Metropolitan Hotel Vancouver Introduction Thank...

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Everyone wants to beat the breathalyzer

It’s surprising to us but it seems that everyone wants to beat the breathalyzer. When we go to parties and events its one of the first things we’re asked. It’s odd. But what does it mean? [pullquote] It’s not wrong to want to know where you stand. It’s not wrong to want to ensure that any breath tests give results that allow you the benefit of the doubt.[/pullquote] On the one hand it’s an important consideration. Are breathalyzers accurate? Can you beat the breathalyzer? Is it possible to mislead or screw up this important investigative tool such that you might dupe the...

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Our constitutional challenge to the new IRP law

Over the summer we were working hard but we also tried to take a break from writing IRP blog posts. Kyla has her own blog, and Sarah continues to write for the Huffington Post and Georgia Straight, but we didn’t want to spend all of our free time writing. We needed a break and a little sunlight. But now we’re back at it and we have a lot to cover. First and most important, perhaps, is that we’ve started a constitutional challenge to the new IRP law. [pullquote] On June 20, 2016, Kyla filed a constitutional challenge to IRP 3.0 in...

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We filed an appeal of the IRP 1.0 remedy decision

In June we told you about the remedy decision by BC Court of Appeal with respect to people who were issued Fail Immediate Roadside Prohibitions under the first version of the IRP scheme. The first version of the IRP law was found unconstitutional by the courts. That part of the case went to the Supreme Court of Canada which confirmed the lower court findings. [pullquote] We were of the view that a further appeal was necessary.[/pullquote] In essence, everyone who received a 90-day IRP for blowing Fail from September 20, 2010 to November 30, 2011 were subject to a violation of their...

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When you don’t care about rights

What happens when you don’t care about rights? If you’re an individual you’re probably simply struggling to survive on a day to day basis with all sorts of hurdles and problems. Perhaps you don’t think about your rights enough to care. You know you have rights, but whether they’ll be respected is really an issue of law and government. [pullquote] They can leave people hanging, with the prohibition on their driving record for years and years. What do they care?[/pullquote] If the government doesn’t care about rights, that’s a much bigger concern. Governments legislate rights. The Charter of Rights and most pieces...

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Does it matter if you’re drunk?

One strange irony about the IRP scheme is that they don’t punish you for being drunk. If you’re just plain drunk, on that basis in itself the police can’t issue an Immediate Roadside Prohibition. They can ask you to blow, and if you blow Fail you can expect a 90-day IRP. If you try to blow and you can’t or the machine doesn’t work, the police will issue you a 90-day IRP for refusing. But none of this says anything about your sobriety. How does that make sense? Does it matter if you’re drunk? Shouldn’t that be the issue that concerns...

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IRP Decision

We receive many wonderful comments from clients. Each and every email, note and unsolicited kind thought helps keep us going. We work hard. It’s important to us that our clients appreciate our work. [pullquote] If you are here, then you had made the right choice.[/pullquote] Last week we received this email from a client who received his IRP decision. We thought we would share it with you. Sent: Wed, 29 Jun 2016 11:17:06 Subject:Re: IRP Decision By you reading this, this means that you have come across Acumen Law office – well – do not turn around now, because you are about to jump over...

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Secret Projects Team Report

Secret Projects

Here at the Acumen Law Justice Centre, we have a number of projects underway at any given time. Many of them are projects we are undertaking in secret, and that we do not talk about on our blog.[pullquote]We’re not the type of people who give up easily. Or at all. We appealed this decision again.[/pullquote] One of the secret projects we have been working on pertains to the reliability of certain information in the Certificates that police are required to submit for IRP review hearings. Beginning last spring, we began to notice that although certain types of information was required to...

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Mega IRP Update

Mega IRP Update Monte Python Holy Grail Bunny

We apologize for the sporadic posting lately. Between our numerous successful judicial reviews of IRP decisions, fighting the Government for fair disclosure and impartial hearings, and just doing our regular work, we haven’t had much time to update our blog.[pullquote]This case is likely to end up at the Supreme Court of Canada. We’ve decided we’re in it for the long haul. And so we keep fighting.[/pullquote] But we do have a number of updates on important issues. So sit down, stay tuned, and read on. This is a mega IRP update. Remedies Appeal for Version 1 IRPs For those people who received IRPs...

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High level Government incompetence

BC Government Incompetence

As we chronicle our clash with the BC Government and their IRP law, every once in a while we step back to look at the bigger picture. There are many threads that seem disconnected at first blush. We pull in information from diverse sources: Freedom of Information disclosure, confidential informants, Immediate Roadside Prohibition police reports, third party documents that mysteriously land in our office -- you name it. And the information we've accumulated covers all aspects of the IRP scheme.[pullquote]It's a shoddy legal scheme and we'd figured out how to expose it. In a desperate attempt to hide Government incompetence...

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