Vancouver Criminal Law

OUR LOCATIONS:

Vancouver: 604 685 8889
Richmond: 604 370 3050
Surrey: 604 593 8580
Victoria: 250 384 0100
Kelowna: 250 860 2766
Fort McMurray: 780 750 7588

Facebook

Twitter

Copyright 2016 Acumen Law Corporation.
All Rights Reserved.

Call 24 Hrs

604 685 8889

Call Us For Free Consultation

Facebook

Twitter

Search
Locations
 

Blog

Good news stories for the upcoming election: BCLiberal Strategy

The Federal and Provincial Governments are doing so many creepy things right now that it's hard to know where to start. Of course, part of the plan is to flood us with major changes by way of omnibus bills and numerous revolutionary bills introduced with just a few weeks to pass them. It's sneaky, surreptitious, disingenuous and really creepy. You may have heard that the Federal Government is going to replace the 1000 member Employment Insurance review board with a 74 member board that simply says "No." They expect it will be a lot faster. So you can see that the BC...

Continue reading

Krusty’s Clown College

The BC Government makes stupid mistake that cost taxpayers

BC taxpayers are going to be on the hook for a lot of money due to the stupid mistakes of the BCLiberal Government. As we warned them (actually Edmund Burke warned them in 1790) revolutionary change always has unintended consequences. Those who advocate for revolutionary change never contemplate how it will backfire. Often the results are problems far worse than the original situation. Moving from Burke, and thinking about the costs of the flawed IRP scheme, the pay back for the constitutionally invalid scheme to rent out courtrooms and the costs that will flow from the ridiculous scheme to move traffic...

Continue reading

The BC Supreme Court calls it like it is

Court ruling

October 2, 2014 UPDATE: The Supreme Court of Canada reversed the decision of the BC Court of Appeal, essentially reinstating the trial judge's ruling. As we originally said, the BC Supreme Court judge called it like it is. The decision can be found here: http://scc-csc.lexum.com/scc-csc/scc-csc/en/14375/1/document.do   The newspaper headline will talk about the BC Supreme Court finding that court fees are unconstitutional. The decision is 178 pages long, and we noticed that the Court's website is down, so for the ease of our readers we've posted the entire judgment here (Vilardell v. Dunham). The Court covers many of the problems we've discussed on our...

Continue reading

Peer pressure

Peer pressure

We have been dealing with a topic that is particularly concerning to us. It should be on the minds of every British Columbian, and that is the steps that the Government is taking to oust the jurisdiction of the courts for most matters and to move adjudication to in-house tribunals. If our courts were properly funded, there would be no backlog in dealing with matters. The Government is going to use piles of our tax money to create these new tribunals. And the purpose, we think, is so they can control the outcome of the cases. The Government has tried to...

Continue reading

Goal-oriented adjudication

BC Government can train members of tribunals to get the decisions they want

In Canada and the US courts are often criticized for being goal oriented. Right-wing and religious groups usually complain that courts have a "liberal agenda" -- that they have goal-oriented adjudication that support a movement away from traditional Christian / Conservative values. It may be a valid observation. There is no doubt that courts, with the power to make decisions of fact, can craft judgments to achieve certain goals. But from what we see every day, judges are very independent and it is unlikely that any agenda could be kept more or less under wraps. Judges have no boss. Although they...

Continue reading

Sources of inside information

As you have probably figured out reading our blog, we have sources of inside information in the Government and some police forces in BC. It's not nefarious. Often the information we get merely confirms what we already know. Many people on the inside find the IRP scheme deeply flawed and as a consequence they tell us what's going on. So as we've mentioned before, we would love to have told you the rumours, for example about the Government eliminating traffic court, but there is some information that we must hold back. What we have learned from police officers is that many...

Continue reading

Subtle pressure

The Government has been incapable of influencing the courts

In March we discussed the strange tension between the Government and the courts here in BC. The blog post remained one of the most popular since then. The post discusses the statement issued by the three levels of court concerning judicial independence. It was made in response to comments made by member of the Government that seemed to suggest, among other things, that the Government doesn't like the rulings of the courts. The suggestion was that the courts need to tow the Government's line, i.e. convict more people, hand out harsher punishment, be more businesslike and focus on results. Comments like this...

Continue reading

Findings of fact to fit a result

Findings of Fact to Fit a result

If you read our post from yesterday, you know about the secret. Essentially, a judge or tribunal can uphold or reject any matter before them by basing their decision on findings of fact. If you're the judge and you are inclined to a certain decision, all you need to do is make findings of fact that support your view. The court conducting the appeal will defer to those findings. Every judge and every tribunal member knows this. Thankfully, it is very rare in courts. We can speculate about the reason for this. We think that legal training and experience are very...

Continue reading

A Secret

A secret about how courts and trubunals can make decisions

It's time we let you in on a secret. There is a major flaw in our justice system. Appeal courts struggle with it but only using delicate language designed to shroud the problem. Virtually all lawyers know about it but nobody has managed to come up with an acceptable solution. And we're not supposed to talk about it. We need a justice system and our works reasonably well. So to protect the confidence in our justice system, we're not supposed to tell you about the problem. But we believe that people should understand the good and bad aspects of the system....

Continue reading

The end of the Charter of Rights in BC

The end of the Charter of Rights in BC

If you thought the IRP scheme was the low point in BC legal history, think again. Emboldened by aspects of the Sivia decision, the BC Government now plans to take away the Charter of Rights and your right to a trial when the police stop you for a driving offence. It's the end of the Charter of Rights in BC. More disingenuous than IRPs or ADPs, the Government has introduced a bill that will completely uproot our justice system. It will eliminate the Charter of Rights with respect to all driving offences in the Motor Vehicle Act. They did this while...

Continue reading