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Author: Paul Doroshenko

Lawyer told me not to talk to you

What’s in a phrase? Sometimes quite a bit. There are phrases we use every day to convey a whole package of information with a few simple words. Did that go over your head? Perhaps the cat got your tongue? Usually such phrases containing metaphors may be subject to confusion. Still, they have a lot of value in speech and writing because they convey an image, they can be used in various circumstances and they’re colourful. Do you agree with me? Are you drinking the Kool-Aide? Sometimes you need to be abundantly clear and no clichéd phrase will accomplish what you need. We often...

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Wrongly punished for drunk driving

Gastroesophageal reflux disease

Wrongful convictions make for great television dramas. Until about 20 years ago, there seemed to be a significant public appetite to improve the justice system to reduce the risk of wrongful punishment and wrongful convictions. But things changed and we see that our federal government is hell-bent on ensuring people are wrongly punished for drunk driving. You only need to look at Bill C-46 for proof of that. The impudence and sheer in-your-face stupid conceit of C-46 could not have come about if we as a society valued the concept of not punishing the innocent. But despite the television dramas,...

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Innocent of impaired driving in BC

Mouth alcohol from regurgitated stomach contents are a threat to reliable breathalyzer samples

As the annual BC Christmas Counter Attack campaign gets underway, and with the news that Manitoba is introducing an Immediate Roadside Prohibition (IRP) scheme modelled on ours here in BC, we thought it was an appropriate time to discuss those who are innocent of impaired driving in BC. An argument we often hear is that people accused of impaired driving and who succeed in challenging the breath-test readings merely got through due to a technicality. The assumption is that an over .08 reading is enough to assume guilt. The problem with that type of thinking is that it ignores the...

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Dräger DrugTest® 5000

Draeger Drugtest 5000

There has been a palpable desire in certain communities to learn which portable drug screener would be approved for use in Canada. There is also a sizeable group who have been waiting to hear my opinion on the ultimate choice. So here we are. The Federal Government has now approved the Dräger DrugTest® 5000 for use by Canadian police to conduct roadside screening in Criminal Code investigations. Although the choice of this particular device was not predicted, it was not unexpected. Allow me to explain. When the Government made clear that there would be new legislation to address the perceived threat of...

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Integrity of the IRP system at stake

What's in the papers?

The past week marks another step in our ongoing quest to expose the true functioning of the IRP scheme and to protect the integrity of our justice system. Back in November 2015, Kyla received a package back from the government on a Freedom of Information request containing information that questioned the integrity of BC’s IRP system. Inside the package were pages of confidential material the Government didn’t want us to see (known as the Victoria Papers). The material included a conversation where a lawyer working for the Ministry of Justice appeared to give orders to an IRP adjudicator describing how she...

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End of the line for version 1 IRP legal challenges

In September we told you about how we ended up involved in the appeal of the remedy decision for the first version of the IRP scheme. The original challenge to the first version of the IRP scheme (what some call "IRP 1.0") was advanced by a group of lawyers, us included, and handled by a firm we hired to mount the challenge. They succeeded and the law was struck down. The issue next was whether there was a remedy for the people who were punished while the unconstitutional law was still in place. Many people had grand hopes in class-action lawsuits,...

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Presentation to the Senate Legal and Constitutional Affairs

On September 27, 2016, Paul Doroshenko of Acumen Law Corporation presented to the Senate Legal and Constitutional Affairs Committee with respect to a study the Senate is conducting on delays in Canada’s Criminal Justice system. Paul went over time in his oral evidence. The entire presentation was provided in written form. We have reproduced Paul’s entire presentation below. Click here to download the PDF. Delay in Our Justice System Arising from Developments in Impaired Driving Defense Paul Doroshenko, Lawyer, Acumen Law Corporation STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS Study on matters pertaining to delays in Canada’s criminal justice system September 27, 2016 Metropolitan Hotel Vancouver Introduction Thank...

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