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Clerical error and your IRP review decision

Clerical errors include the Inquisition

If you can recall the wording of your Immediate Roadside Prohibition review decision, and you remember the phrase "clerical error" or some such dismissive comment used by the OSMV tribunal to suggest that a police officer simply made a mistake when completing his or her evidence, you may want to pull that decision out and read it in light of the Modhgill decision. In Modhgill the calibration expiry date was so far down the road that you could not say that the ASD was being properly calibrated. The service expiry date may have been correct or it may have been inadvertently...

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IRP Appeal Update

We hope for justice

As most of our readers know, the first version of the 90-day IRP scheme for blowing Fail on an ASD was found unconstitutional by the BC Supreme Court. Despite that, the Court gave no remedy to all of the people who received these unconstitutional driving prohibitions. There were lots of issues, and neither the Government nor the Petitioners were satisfied with the BC Supreme Court ruling. So both sides appealed the ruling, and now it's going to the BC Court of Appeal. The expectation was that the IRP appeal would be heard in February. Now it is scheduled to proceed in March...

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The Missing Women’s Inquiry

Police failures

On December 17, 2012, the Honorable Mr. Wally Oppal released the long-awaited report in the Missing Women’s Inquiry. This Report came after months of testimony from police officers, Crown-Counsel prosecutors, sex trade workers and the families of missing and murdered women. Just shy of 1,500 pages, in six separate volumes, the Report into the Missing Women’s Inquiry is a significant document recording the findings of the inquiry. The findings are disturbing, as you might expect. In his report, Mr. Oppal makes sixty-two recommendations. These recommendations range in scope from the establishment of a compensation fund for children of missing or murdered women...

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Tragic deaths

Tragic deaths

The news of the shooting in Connecticut should at the very least provide perspective for all of us when we think of our family, friends and the people we care for. In the last few days most of us have turned our minds to just how much we care about the people around us. It may be a natural human tendency to hope that something good that can come from a tragedy. In this case the loss and suffering are so great. There is nothing that can relieve the lifetime of pain for these families. We grieve along with them. Also...

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Hit and Run

Hit and Run - escaping the consequences of an accident you need a lawyer

By virtue of the fact that we handle so many driving cases, we can get a sense right away if there has been a change in driving behaviour. When the Immediate Roadside Prohibition scheme came out we noticed an immediate increase in the number of hit and run cases from the increase in people contacting our office. It should not come as a surprise to anyone. This has been researched and the connection has been acknowledged in the academic literature. Simply put, the more draconian and unfair the DUI laws, the fewer the number of people who will remain at the...

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Which law applies?

Which law applies for old IRP prohibitions on review

We explained the other day that people who disputed their IRP issued in November 2011 have been getting letters from the OSMV saying that they want them to have another hearing. In most cases the hearing was already conducted, but the letter says that the adjudicator no longer works there (not always true) or that there is some other reason that they need to re-conduct the hearing. Of course it's contrary to natural justice to unilaterally put the case over for a year, and it's yet more offensive that all of these people have had this hanging over their heads. And...

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Another hearing for an old IRP

Letter from the OSMV about getting the interlock

We started receiving letters last week from the OSMV concerning clients we acted for to dispute their IRP in November 2011. There were three variations on the letter but the essence was the same for each: the OSMV wants to have another hearing for an old IRP. A year ago the BC Supreme Court found the IRP scheme as it was violated the Charter of Rights. Most people know this. We acted for a number of people in the weeks leading up to November 30, 2011, to conduct their IRP review hearing. In most of the cases, we conducted the hearing,...

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Update: 60 days to get the Interlock letter

Get the interlock letter

At the end of September we started getting calls from people who had received a letter from the Superintendent of Motor Vehicles telling them they had 60 days to get the Interlock installed in their vehicle and enroll in the RDP program. None of these folks were our clients or former clients, so this was new to us. It turns out that many people who received a 90-day IRP for Fail in the weeks before November 30, 2011, were never compelled to get the Interlock or take the Responsible Driver Program. The reason, it seems, is that the OSMV was holding...

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IRP Petition update – clients with the prohibition stayed

IRP Petition update

As we mentioned in yesterday's post, we received word from the Attorney General's office late yesterday that they're changing their position with respect to our IRP clients with the prohibition stayed. We have many clients for whom we filed Petitions in court to challenge their IRP decision under the first version of the scheme. For a number of clients, we also obtained court orders staying (suspending) the driving prohibition pending a resolution in the Sivia case. We did something smart in retrospect. Where possible we also advanced arguments in many of the Petitions concerning administrative law errors we identified in the OSMV...

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Technology update

Technology update

This evening we received an email from the Attorney General's office concerning all the people who are in IRP limbo because of the appeals of Sivia. After we think about it, we'll post an IRP update. If you were represented by another law office and they didn't want to continue with your matter, give us a call because we will be able to help everyone out. We're making headway. Website technology update Our site, and in particular our blog, has become very popular over the last two years. We receive phone calls and feedback from reporters, other lawyers and generally kindhearted people from...

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