Blog Archives

It slices, it dices, it makes small piles and then rejects evidence

Feb 8 2019

One perpetual complaint we have with the process at RoadSafetyBC is the manner in which they weigh evidence. If you receive an Immediate Roadside Prohibition or Administrative Driving Prohibition (IRP or ADP) your appeal is held before a delegate of the Superintendent of Motor Vehicles. The problem with the process is that findings of fact […]

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RoadsafetyBC’s Delays in Immediate Roadside Prohibition Cases Are Causing a Rift Between Tow Yards and Drivers

Feb 7 2019

When we’ve talked about delay to Immediate Roadside Prohibition cases before, generally we’ve been concerned with the delay in rendering decisions. Practices employed by RoadSafetyBC have historically led to backlogs of thousands of Immediate Roadside Prohibition review decisions. In some circumstances, drivers waited more than two years for decisions exonerating them from their IRPs. But

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Issues to consider before relitigation

Feb 6 2019

Whether you are a defendant or a claimant, if you are unhappy with a Court’s decision you might decide you want a do-over. You should be careful when seeking relitigation because not only can it be swiftly dismissed by the Courts, it can also leave you out of pocket. Courts hate unnecessary repeated litigation and

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Women’s Suit Drive for UBC Law Students

Feb 5 2019

I am pleased and excited to announce that I am working with the UBC Indigenous Legal Studies Program and Centre for Feminist Legal Studies to put on a women’s suit drive. We are accepting donations up until February 13, 2019 at 5:00 p.m. Read on to find out why I wanted to put on this

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The importance of disputing a driving prohibition for DUI

Feb 4 2019

There are a couple of types of driving prohibition for DUI that are issued by the police in British Columbia. The most common is the 90-day Immediate Roadside Prohibition (IRP) issued on the basis of the roadside breath test. The second most common is the 90-day Administrative Driving Prohibition (ADP) issued once the driver has

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Adult criminal and youth court statistics shed light on R. v. Jordan

Jan 25 2019

New statistics have shed light on the Canadian justice system in the years prior to a Supreme Court decision that set time limits on the completion of criminal charges. Adult criminal and youth court statistics in Canada, 2016/2017, were released yesterday. They show the time taken to complete a charge – that is the time

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Government given new deadline for solitary confinement law

Jan 11 2019

The Court of Appeal for British Columbia has given the Canadian government more time to enact new legislation to replace its solitary confinement law. A year ago, the BC Supreme Court ruled sections of the Corrections and Conditional Release Act that authorize the administrative segregation, also known as solitary confinement, to be unconstitutional. The government

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Why you should get a Class 5 licence in BC

Jan 3 2019

Novice or Class 7 drivers in BC are given a very short leash from ICBC and RoadSafetyBC to receive traffic violations. It can take as little as one violation ticket for a Novice driver to receive a prohibition. The intention of this blog post is to discuss the importance of getting your Class 5 licence

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Bias-free policing

Jan 3 2019

The changes to the Criminal Code sections on impaired driving that came into effect on December 18, 2018, will have a huge impact on the manner in which investigations, prosecutions and the defence of alleged impaired drivers will be conducted. Many of the more disconcerting provisions have not been discussed in the media. The section

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Consent in Canada

Dec 31 2018

New Year’s Eve is a night when many of us are going out to parties, drinking and partaking in various intoxicants. Traditionally, couples (or friends or even strangers) will kiss at midnight and some of us may end up going a bit farther than that. My post today is going to address the issue of

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Sexual assault laws and Bill C-51

Dec 20 2018

This week, my colleagues at Acumen Law have been writing extensively about the changes to the impaired driving laws in Canada. You should definitely take the time to learn about those if you haven’t yet. Today, however, I am going to be writing about some sweeping changes to sexual assault law that have just passed

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The unenviable task of policing

Dec 19 2018

One thing lost in the discussion of random breath testing is the impact that this will have on the police. On an interview yesterday on 630 CHED retired traffic cop, Grant Gottgetreu indicated that he is worried about the flood of complaints from people who think they were asked to provide an Approved Screening Device

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