Vancouver Criminal Law

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The Application of the Charter to ADP and IRP Hearings

Does the Charter apply at IRP hearings?

Over the last six months we developed a unique argument that will likely change the rules concerning ADP and IRP hearings conducted at the OSMV tribunal. This argument was used as part of one of our IRP appeals. Lawyers for the government considered our written argument and chose not to oppose us concerning this argument on an IRP Supreme Court review. Rather than take the case to court (and perhaps risk a decision that would then open the doors to further litigation) they agreed that we were right in that particular case and instructed the OSMV to grant our client a...

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It Would be Funny if…

Wouldn't it be funny if only a few days after our post about careless storage of firearms, a senior officer in Victoria was found to have casually stuffed a loaded handgun under his car seat? (cue the deer) On Wednesday the chief of police in Victoria was reprimanded for leaving his loaded handgun under the seat of his cruiser with the vehicle unattended. It was located during a search for the missing shotgun and riot gear. It was located while he was giving a press conference about the missing shotgun and riot gear. It would be funny, if it wasn't a firearm. Apparently he...

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Unintended Consequences

Unintended consequences when they re-write the new IRP law

The BC Legislative Assembly is back in session and on Tuesday the Government introduced the budget. In the last couple of years the Government seems to have been unusually short-sighted regarding the introduction of new legislation and Government policy (see: here and here). This is not to say that it is only a BCLiberal issue. The NDP made poor policy and legislative decisions with regularity too, but their path was less revolutionary despite their ideological underpinnings. We are not political and we cannot be pigeon-holed to any ideology. Paul made phone calls for the provincial NDP in Alberta, volunteered in three elections...

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IRP Update for Those Who Missed the 7-Days to Dispute

Missed 7-day period to dispute

If you received a 90-day IRP for Fail and you are still not back on the road due to the Interlock or Responsible Driver's Program, give us a call. A great number of people received a 90-day Immediate Roadside Prohibition for Fail and did not file a dispute of the IRP at ICBC Driver Services within 7-days from service of the Notice. In other words, they missed the 7-days in which they could file for review and now they can't get back on the road despite the court challenge. When the law was found to violate the Charter of Rights by the...

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Careless Storage

Careless storage of a firearm can get you a few years in prison. We only mention this because the Victoria Police Department is missing a shotgun. It was stolen, lost or misplaced. Along with a bunch of riot equipment. Missing. We do not expect that the police will investigate themselves for the unsafe storage of a firearm, and it is not why we bring it up. It is yet another example of bungling police. That police officers make mistakes is a fact. That police officers are dishonest is also a fact. Some may be more honest than the general population, but the police...

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Hard Work

Hard work? Vancouver police surf porn

From time to time we hire private investigators to assist us and all are former police detectives. One common thing they tell us is that they did not know what hard work was until they had to produce results for a client. Policing, we are told, is a lot of drinking coffee and socializing and then wondering why the files are stacking up. Of course, there are many hard working police officers. But you cannot blame us for being cynical when so many in the Vancouver Police Department were recently been found to have spent their time at work cruising porn...

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The New Breathalyzer

The police in British Columbia are now introducing a new breathalyzer, the Intox EC/IR II. The first one we know of is at the West Vancouver Police detachment. The device performs the same function as the BAC Datamaster, i.e. analyzing the alcohol content in breath exhaled into the instrument and then calculating a blood/alcohol concentration. But this unit employs 2 methods of analyzing the sample. Like the BAC Datamaster, the device has an infrared sensor to measure the diffusion in a chamber containing a captive sample of breath. It also has an electrochemical fuel cell, like the Alco-Sensor IV to provide...

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News-Packed Start to the Week

Monday was a big news day and so we have a lot to cover. We'll start with the big Government flip-flop. Right after the Vancouver riot of 2011, the Premier announced that the Government would televise the hearings of those charged with committing offences during the riot. From our perspective it was a poorly considered policy made purely for political gain. We had a number of concerns. Firstly, we had people contact us who may be suspects in the riot who were unwilling to present themselves to the police bearing in mind that the Government was threatening to broadcast their trial. Of...

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7-Day Extension Update

When the OSMV (Part of the Ministry of Solicitor General) stopped rendering decisions on all letters requesting an extension of the 7-day review period to file for an IRP review, we filed a Petition to get a mandamus order from Court forcing them to start rendering decisions. When the Attorney General's office contacted us to discuss the matter, we learned that the OSMV on their own initiative simply stopped rendering these decisions, denying all of the applicants their right to have their matter considered.  As far as the Attorney General's office was concerned, the OSMV needed to get back to...

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ICBC Advice

Over the past few weeks we have received a number of calls from people seeking clarification about what they were told by ICBC or the Office of the Superintendent of Motor Vehicles. We have heard reports of people who have called ICBC or the OSMV and were informed that they can attend at ICBC and pick up their drivers licenses without installing the Interlock or taking the Responsible Drivers Program. When they actually get to ICBC, however, they find out that this is untrue and are asked to pay to register in these programs. The advice people are given is inappropriate. Agents...

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