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Exclusion of Evidence

The Charter of Rights guarantees that every person has a series of significant rights upon arrest or detention. You have the right to be free from arbitrary detention. You have the right to be advised of the reasons for detention. You have the right to retain and instruct counsel without delay. You have the right to be secure against unreasonable search and seizure. And above all, you have the right to life, liberty, and security of the person. These rights are constitutionally entrenched in sections 7 through 10 of the Charter. Sections 7 through 10 are the most frequently litigated sections...

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Put It to the Voters

Put the IRP scheme to the voters in the BC election

Gordon Campbell was forced out by his own party in response to the public backlash that followed the botched introduction of the HST. The main complaint people had was that the BCLiberals did not disclose until after that last provincial election any plans to harmonize the sales tax. The anger against the HST was not justified, but even those who were indifferent about the tax were understandably pissed off about the fact that the BCLiberals were silent about it in the election campaign. The idea of a democracy is that regular citizens with similar ideas can get together, form parties, explain clearly...

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IRP Scheme Update

IRP Lawyers in Vancouver BC the IRP resource center

With the exception of the handful of people who contacted us in the few days before the Easter long weekend, all of our clients who were given 90-day Fail IRPs are back on the road without the Interlock requirement. Even clients who had the Interlock already installed have now had it removed. If you still have an Interlock due to a 90-day Fail IRP, call Sarah and she will arrange for the requirement to be lifted. We expect that very soon the Government will introduce their legislative fix to bring back the scheme. They are running out of time in this...

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No Point to .05

No Point to .05

When the Immediate Roadside Prohibition scheme was introduced, the Government trumpeted the new .05% limit as an extraordinary advancement in dealing with drinking and driving in BC. For decades the law had been that you could be subject to a 24-hour prohibition if you were in the "Warn" range (theoretically .05-.08%). The new law would up the punishment to a minimum 72 hour driving prohibition (3-day prohibition for Warn). The ostensible concern was that a 24-hour driving prohibition was not sufficient to deter people from driving in the Warn range. So the Government came up with a new panoply of confusing...

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What Will the New Government Do?

What wil the new Government do?

In just over a year we will have an election in British Columbia, and if voters follow through on their current trajectory, the BCLiberals will lose power. In fact, it may end in a Kim Campbell style wipe out for the governing party. So it makes sense that people are starting to look for the door. What happens when a government changes is that the people who had power find themselves often unemployed and without skills to find employment. Those who were hired to work directly for the elected representatives are also out looking for work. And an entire new group...

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Court Papers in Drinking Driving Cases

Court Papers in Drinking Driving Cases

Yesterday we discussed the small but important pile of papers you get when the police send you home after arresting you in a drinking driving case. Most people are charged with: Impaired Driving s.253(1)(a); and Driving Over .08 s.253(1)(b);  or Refusal to Provide a Breath Sample s.254(5) Criminal Code drinking and driving offences These are all Criminal Code offences. When a police officer arrests or detains a suspect concerning one of these charges, in most cases they must release the suspect with a document that compels that person to come to court. So, in addition to the papers we discussed in yesterday's...

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Papers the Police Give You

Paper the police give you

If you are arrested for a drunk driving offence in British Columbia, you normally walk out the police station with a small pile of papers. Many people don't want to know what the papers say. Most important at that moment is to get home, gets some sleep, have a shower and find something to eat. A moment of clarity may come in the shower. This is the point when most people conclude " I need to get a lawyer to look at this."  An hour later most people dig out their papers, look them over and then give us a call. Why...

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We Have Some Questions

Compelling government offices to disclose documents is part of our regular course of business. After all, we are criminal lawyers. So Freedom of Information requests are nothing new to us. Back in 2000, when Ujjal Dosanjh was Premier, we obtained information about how many new cars were failing Aircare. It turns out, cars 10 years and newer almost never fail Aircare, so there was no point in taking them for testing. On the Friday when the Government gave us the information, they diverted the story by announcing that you would only need to have your car tested every 2 years if...

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Protecting You from Your Own Free Will

Protecting you from your own free will

There is nothing better than being an adult in a free country like Canada. You can go hiking in bear country, sledding in risky avalanche zones, you can try your hand at whitewater kayaking, you can pierce any piece of flesh, you can drink yourself into a coma or eat enough hot dogs to give yourself a coronary. All of these things you can do, and the list is infinite, because you are free and can decide what to do with your body. You are in charge of You. That is what it means to be free. That is what...

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A Decision in 21 Days or Your Pizza Is Free

IRP decisions can be rendered whenever the Government wants

The limitation periods for IRPs, ADPs, 24-hour Prohibitions and Notice of Intent letters confound most people. What mystifies us is why the person subject to the prohibition should have such a short period to file for review. To us some of the time periods can only serve to disadvantage the applicant. And we wonder if this is the undeclared rational. Particularly with respect to IRPs, since the OSMV is not required in law to render a decision in 21 days. 24-Hour Prohibitions Take 24-hour prohibitions for example. If you receive one, you cannot have the matter reviewed before the 24 hours have...

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