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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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90-day IRP Update – Friday December 2

The dust has not settled yet. The decision will impact many people.  Right now we are waiting to see how the Government reacts to the Court's decision.  We are waiting for: 1. An Order and Declaration from the Court that found certain parts of the IRP scheme unconstitutional.  The judge has asked the lawyers back into Court to make submissions on the form of Order and Declaration. 2. The AG's position on those who were caught by the unconstitutional legislation.  Is the Government going to remove the IRP from a driver's abstract? Refund fines, impound fees, interlock and course costs? Or are they...

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IRPs – Update if you have received a 90-day Immediate Roadside Prohibition

Yesterday the Court ruled that the 90-day IRP scheme is unconstitutional. There are a number of immediate consequences. The law may be a nullity. Nevertheless, we advise everyone who has a prohibition to continue to abide by it until you have had your license reinstated by ICBC. If you have received a 90-day IRP in the last 7 days, please telephone our office. The Government is still compelling everyone to file for a review and (surprisingly) still conducting review hearings. If you have received a 90-day IRP and we are waiting for a review decision, please be patient. We hope to have an...

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Consequences of the Supreme Court IRP Ruling & Some Thoughts

Note: this blog post speaks of the first IRP scheme and the decision of the BC Supreme Court in the case which considered the constitutional validity of the scheme. That case was appealed to the BC Court of Appeal and a decision was rendered on March 3, 2014. Our thoughts on that court decision can be found here. Yesterday the BC Supreme Court rendered a decision finding that the sections of the Motor Vehicle Act dealing with 90-day Immediate Roadside Prohibitions violate sections 8 and 10(b) of the Charter of Rights. With respect specifically to s.8, the Court found that the...

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IRPs – What we’ve argued all along

Today the Supreme Court ruled that the taking of samples for the purpose of a 90-day IRP is a violation of sections 8 and 10(b) of the Charter of Rights. We have taken the position since the legislation was introduced that using ASD results to harshly punish an individual is a violation of sections 8 and 10(b). The section 8 violation arises by the use of the sample obtained in violation of these rights. The Court now will address the declaration necessary to strike down the relevant provisions of the IRP scheme. Each person who received a 90-day IRP should be entitled to...

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Court Decision on Constitutional Validity of IRP Scheme

Today, November 30, 2011, at 10:30 a.m. the British Columbia Supreme Court released its decision concerning certain challenges to the constitutional validity of the Immediate Roadside Prohibition (IRP) legislation. The court has ruled that the ARP legislation infringes s. 8 of the Charter insofar as it concerns the prohibition, penalty and costs arising from the screening device registering a “fail” reading over 0.08.  This infringement is not a reasonable limit which is demonstrably justified in a free and democratic society We are studying the decision to determine what steps we need to take for our clients. Please return to our blog in...

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Small Business Owner with Human Resource Problems?

Owning and operating a small business is challenging but very rewarding. With all the things you have to look after to run a successful business, the last thing you want to worry about are Human Resource Problems. The reality, however, is that failing to squarely address human resource problems can result in significant cost and liability for a small business. At Acumen Law Corporation, our labour and employment advice is straightforward and results oriented. We speak your language because we have been there. Mr. Koshman has managed departments and employees. He has dealt with hard-nosed unions. He knows and understands employment...

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