There’s been a lot happening in the last few weeks, particularly behind the scenes in IRP appeals now before the court. Although we try to keep everyone updated here on our blog, our workload has jumped tremendously since the Wilson, Buhr and Murray decisions were released. Consequently, we’ve been working on client files and neglecting the blog. We’ll try to rectify that while still doing great work for our clients.
As for the behind the scenes in IRP appeals, as we reported some time ago the OSMV has simply ignored the Wilson decision. Somehow we’re still shocked that people who work for the Government seem to think they can ignore binding court decisions. In this case the illogical justification seems to be that the Government thinks it can ignore court rulings if they are under appeal.
Don’t try this at home. Unlike the Government, you are ruled by the Rule of Law.
It turns out all of that stuff we learned in law school about the Government being bound by the same rules as the people was a bunch of hogwash. If they can disregard court rulings, then surely they are simply rulers who rule by will and power. They are not ruled or governed by the law. And there you have it.
Another thing that we’ve learned is that while the computer-savvy and technologically sophisticated people generally find us to help them with their IRP, DUI, ADP or criminal charge, people who don’t have these skills are at a significant disadvantage. These matters are complicated and the Government and police know it. The OSMV website suggests that an IRP or ADP review hearing will be an exercise in hand-holding and signing kumbaya. And of course, if you’ve read an OSMV review decision you know this is the furthest from the truth. It’s a brutal exercise. The decisions so often reveal a painstaking effort made for the purpose of finding some way to misread or misconstrue the evidence so as to uphold the prohibition.
People who don’t understand the significance of an IRP or what’s happening to them when they receive a 90-day prohibition are left to the rough handling of the Government.
As it stands, we are filing petitions to appeal IRP review decisions in cases where the Wilson decision should apply. We have been able to have the prohibitions lifted in the interim.
Interesting too is that the Government lawyers seem to want to try and get the hearing on even before the matter gets to the Court of Appeal. We think that they think they might be able to find a judge who will somehow disregard Wilson.
Fat chance.
In any event, we expect to make the argument on Wilson in BC Supreme Court before the end of November. We’re dealing with these matters in Supreme Court for people we represented at the original hearing, others who represented themselves (a foolish mistake) and lost and people who were unsuccessful despite having competent counsel.
As far as we’re concerned, our elected representatives saw fit to create a test in the legislation, i.e. that immediate roadside prohibitions should go to people affected by alcohol. Unless this was some sort of smoke screen to blow bad legislation past our elected representatives (actually, this is probably what it was) then the police should abide by the law and the tribunal should lift prohibitions that do not comply with the law.
Time and strategy permitting, we’ll provide more updates concerning the behind the scenes in IRP appeals now before the court. What everyone needs to know today is that the Government is ignoring the ruling of a Superior court and at this time the OSMV is upholding IRPs contrary to the Wilson decision.