Vancouver Criminal Law

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Where things are going in BC

Moving out - where things are going in BC

If you received an Immediate Roadside Prohibition, you're all too familiar with how unfair the system is. From beginning to end, the Government stacks the process against you. Although we succeed for a significant number of clients, thousands of innocent British Columbians have ended up with 90-day IRPs (plus fines, towing, storage, interlock, RDP, etc.). It should surprise no one, therefore, that the Justice minister wants to bring unfairness to all aspects of driving regulation. What surprises us is that our premier was so inept as to appoint someone who advocates for injustice as the Justice minister. Of course, all of...

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Super 90-day IRP arguments

Super 90 day IRP arguments to win your IRP review

We've developed some super 90-day IRP arguments since the new Immediate Roadside Prohibition scheme came into effect last June. Part of our method is to collect and catalog as much information as possible. As a consequence, we can identify trends that call into question the reliability of the evidence presented. This has been a great advantage to our clients when we dispute prohibitions. One of the major flaws with the IRP scheme is that you can't cross examine the police on their evidence. The result is that the police now know that they can lie in their evidence without any consequences....

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Letter: 60 days to get the interlock

60 days to get the interlock

Lots of people have been calling us having received a letter from the Superintendent of Motor Vehicles saying that they have 60 days to get the interlock or they cannot drive. The letters went out to people who completed their driving prohibitions after November 30, 2011. We wrote about this first on September 26 when the calls started coming in. The letters are with respect to a class of people we had not encountered. Some people who received a 90-day IRP in the months or weeks immediately before November 30, 2011, and who served the entire prohibition were not required to...

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In BC municipalities can decriminalize marijuana

In BC municipalities may decriminalize marijuana

An interesting twist to the Sivia decision is that BC municipalities may be able to decriminalize marijuana relying on this precedent. UPDATE: The BC Court of Appeal has confirmed the approach taken by the Court in Sivia. Is this the back-door to marihuana decriminalization? In Sivia one of the major issues was whether the BC Government could pass legislation which would have the effect of stopping the police from conducting criminal investigations of drinking-driving offences. The Court said the province had the power to do this. An Immediate Roadside Prohibition in BC begins with a criminal investigation for drinking and driving. Criminal law...

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Letter from the OSMV saying you must get the interlock

Attractive Vancouver woman gets a letter from ICBC with details about her driving prohibition

We have had a few calls today from people who did not instruct us to file an amended Petition and set a hearing date. Some have already received a letter from the OSMV saying they must get the interlock and pay for the RDP. We haven't seen the letter yet. We have been told that they have 30 days or 60 days to get the interlock installed. We know some lawyers were of the opinion that the Government wouldn't get their act together and follow through. We thought that this was possible, which was why we listed an option 2 and...

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Thanks

We would like to express our thanks to all of the clients who contacted us last week concerning their Petition for judicial review of the IRP they received. It was an extremely busy week for us, but we got the job done. We appreciate the patience exercised by everyone who called. We also appreciate the interesting ideas many people have about the judicial challenges to the IRP scheme itself. Many people have a lot of thoughtful ideas. Most people opted to keep up the litigation. This applied to the clients who fell in the categories wherein the Government wanted to pull their...

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Time to contact us regarding your IRP judicial review

If you want to keep driving in BC it may be time to do a judicial review

As we explained in our post on July 23, 2012, the Government wants everyone who received an IRP and had the consequences suspended to now serve the punishment. This means that if you managed to suspend the remedial consequences, (i.e. the interlock and responsible drivers program, fines, etc.) by having us file a Petition for a judicial review of your IRP, they now want to force you to do these things if you want to drive. We did a smart thing in hindsight. For each client we reviewed the case and wherever possible we included arguments on the merits of the...

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Immediate Roadside Prohibition in Port Moody

Port Moody welcome

In you were issued an Immediate Roadside Prohibition in Port Moody from June 15 until today, you should give us a call. As CTV has reported, we obtained records through a Freedom of Information request from the Port Moody Police. The records show that the Port Moody Police have been providing false information to the Office of the Superintendent of Motor Vehicles concerning the maintenance of their Approved Screening Devices. Each month the officer who completed the Certificate of Qualified ASD Calibrator would simply record the annual service expiry date for each device as one month in the future. Obviously, because it...

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Standard police interrogation procedure

Standard Police Interrogation procedure

We regularly see standard police interrogation procedure that in our opinion would shock the good thinking people of Canada if they only knew about it. An Alberta court decision which provides a good example of standard police interrogation procedure has just made the news and it's worth a read. See: R. v. Chapple, 2012 ABPC 229 The decision is interesting for a number of reasons, not the least of which is as a cautionary example of how the police can obtain a false confession. Cops and Government dislike lawyers because lawyers help people In our day to day practice it is clear to us...

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90-day IRP win rate

We were curious about the 90-day IRP win rate so we made a request for the statistics pursuant to the Freedom of Information and Protection of Privacy Act. Months later, well after the information could be used by the Court, they sent us the stats. The fact that they held onto it so the Court wouldn't have a chance to look at it is disturbing. What is also disturbing is what the numbers reveal as we go through them. As most readers of our blog know, 90-day Immediate Roadside Prohibitions, also known as IRPs or Automatic Roadside Prohibitions or ARPs, are...

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