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Bad-Faith Government and Kitimat ASDs

Firstly, we'd like to thank all of the people who have phoned and emailed us in the last couple of weeks. It's been gratifying to know that so many people support the work we do, and that so many people are following our updates. It's inspiring to see that people are aware of the threat to the rule of law when we give almost unfettered power to the police or a government agency. Kitimat ASDs: Many people (surprisingly) have contacted us about the comment we made a few days back concerning problems with the ASDs in Kitimat. It's an important issue, but...

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Update – waiting for an OSMV review decision

We have a number of clients waiting for a decision on their review hearing with the OSMV. We are also fielding many calls and emails from people who conducted their own hearing or had another law office conduct the hearing, and have yet to receive a decision from the OSMV. This is what we know: The adjudicators have been instructed to conduct hearings, but to not render decisions until they have been further instructed on how to decide the cases. We guess what this means is that they can review the evidence and make notes, but not give a decision. You are thinking...

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The Government Responding to the Court

If you've read some of the previous blog postings, you'll see that we dug up a lot of material over the last 16 months concerning problems with the ASDs. We knew that it was a mistake to rely on them for harsh punishment. So we were encouraged when the Spencer decision came out a few months ago. The Spencer decision largely foreshadowed the Sivia decision, which found the scheme unconstitutional. In Spencer the Court found that, if there was to be any confidence in the IRP review process, the tribunal should consider the best evidence. Because the police would typically not...

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IRPs – People Serving the Punishment

We expect that arguments will be made to the Court before Christmas concerning what the declaration should be, i.e. what sections of the law will be struck or modified and whether this will apply retrospectively. We expect the Government to take the position that the decision applies from this point forward. There has also been a rumor that the Government would concede that anyone who filed a Petition to review the OSMV decision would be entitled to a remedy. This suggests that they will oppose a blanket remedy for everyone who received an IRP. We see only two categories of individuals: those...

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ASD Accuracy Problems

ASD Accuracy Problems

Mi-Jung Lee had another report on the IRP scheme, this time dealing with ASD accuracy problems and ASD malfunctions. She picked one of many inaccurate calibration tests to give as an example. The spokesman for the VPD said one with such a reading would have gone for repair, but she did not say that this unit went for repair. In fact, there was nothing in the disclosure to suggest that it was sent for repair. There are a number of interesting points to note: We had to fight for these documents; No lay person has been able to obtain these documents to defend an...

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The IRP Stigma

We've had a number of reporters call us in the last few days, and everyone rushed to get the story out for the evening news on Thursday. Mi-Jung Lee at CTV had a woman who served her 90-day for an alleged refusal. It was interesting because over the past 14 months many clients did not want to appeal the review decision because they were concerned about the notoriety. This worked in the Government's favour because few people were willing to speak up to explain how unfair the scheme was for fear of public humiliation. We found that many people would read...

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Petitions, extensions and stays of driving prohibitions

As we've said, from our perspective the entire issue of 90-day IRPs should have been resolved when Sivia was released last week. But this will linger, which is why we're now encouraging everyone to Petition to court to review the OSMV review decision in their case. If you need us to get an order re-instating your license, it has become quicker and slightly easier. We can usually have an order in about a week. The AG now consents to most orders if the proper documents have been filed and the legal test is met. The orders we filed today extend the...

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What to do if you received your 90-day IRP months ago

We've received hundreds of calls already this week from people who got a 90-day IRP several months ago or even last year. We understand that many people are still angry about the process and what they've been forced to pay out, particularly since the scheme has been found to be unlawful. From our perspective, the Government created a law that stood in violation of the Charter of Rights and in particular, grossly restricted the defences a person could advance. Moreover, they made it impossible to obtain the evidence required to prove innocence because the Government either refused to assist, or obstructed...

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Appeals of IRP Review Decisions

We are starting to flesh out the Government's position concerning people who are serving 90-day IRPs. There are two general classes of individuals: those who applied to review the IRP; and those who missed the 7-day period in which to file an Application for Review. In our view, anyone who received a 90-day IRP should be entitled to have it unwound immediately. We think this is the right thing to do bearing in mind the recent BC Supreme Court decision. Newspaper articles published on the weekend indicate that the Government is taking the position that this decision, for some reason unknown to law, only applies...

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Editorials on the IRP Decision

We know that many of our clients have felt first hand how unfair the IRP scheme was. What is perhaps surprising is that people not directly affected are nevertheless concerned about the lack of due process and oversight of the police. Looking at the comments section of every news story, it's clear that most people viewed this legislation as a cynical attempt to get around providing people with their rights or a legitimate review of the evidence. It's been interesting to read the comments. It's good to see that so many people are so thoughtful and engaged. We were also surprised that the...

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