The annual Celebration of Light fireworks display is on in Vancouver, and each year we have a number of clients either arrested or issued an Immediate Roadside Prohibition on these evenings. The Vancouver Police have lamented recently that drinking and driving seems to be on the increase based on the number of people whom they […]
This is the important IRP update that you have been expecting if your Immediate Roadside Prohibition, RDP and Interlock have been deferred pending the court challenge. As we expected, we received a letter from the Legal Services Branch of the Justice Minister’s office (formerly the Attorney General) indicating where they see things proceeding from here
Very important IRP update Continue Reading »
The chatter about the July 12 Sivia ruling is stepping up among the legal community. One of the issues that a number of people have pointed out is that those who took it upon themselves to challenge the law — an unlawful law, should be rewarded for their courage and compensated for their losses. They
What happens if people don’t challenge an unlawful law? Continue Reading »
Since the new version of the IRP legislation came into effect June 15, 2012, we have had a number of successful IRP reviews. We’re happy for these clients. Unfortunately, however, what we have concluded is that the claim that there would be a more thorough review process was simply a lie. The process is actually
Successful IRP reviews Continue Reading »
Yes, the scheme was unlawful. Yes, the Government admitted it was faulty. Yes, there was no opportunity for a substantive review (and still isn’t). But the Court ruled that, despite the law having been unlawful, everyone is punished nevertheless. And now the Government is going to want its pound of flesh. Although an appeal is
Pound of flesh Continue Reading »
On July 12 (yesterday) the Court ruled that despite the earlier finding that the first version of the IRP law for Fail could not stand, that decision would not provide any relief to people who received their IRP before November 30, 2011. The BC Supreme Court will permit no remedy for the violation of your
No meaningful review yet no remedy Continue Reading »
The judge ruled today that despite the law being a violation of the Charter such that you could not have a meaningful review, there is no remedy. The Court said: Because the declaration of invalidity is prospective, the petitioners are not entitled to the monetary and personal remedies that they seek as the law was
When you thought it might be over Continue Reading »
The lawyers who argued the remedy arguments in Sivia were contacted today and informed that the decision will be posted on the BC Supreme Court website at 10:30 Thursday, July 12. We’ve been asked to speculate. One thing seems likely — the decision will probably be appealed. For the court this is an issue of
Decision Thursday July 12 Continue Reading »
We expect news tomorrow on the fate of those who were given IRPs for Fail between September 20, 2010 and November 30, 2011. We will provide updates as further information comes in. Will will try to provide a comprehensive update by 1:00 Thursday.
Everything is on hold Continue Reading »
If you received a 90-day IRP for blowing Fail any time between September 20, 2010 and November 30, 2011, and you’re still without your license because you’re being held up by the Interlock requirement, give us a call. We can get the Interlock requirement suspended quickly. We stopped doing it for a while for clients
Held up by the Interlock Continue Reading »
The Vancouver police announced Monday that drinking and driving is up — over the weekend the number of people issued Immediate Roadside Prohibitions was much greater than last year. We note that the Government claims drinking and driving was down significantly in 2011. We also note that the weather was terrible in the most heavily
Drinking and driving is up Continue Reading »
Through Freedom of Information requests we have obtained records for most of the Approved Screening Devices in Vancouver used by the Vancouver Police Department. Many of the ASDs have a history of providing inaccurate results when tested for calibration. Some have a history of major malfunctions. Some have been sent for repair on more than
Approved Screening Devices in Vancouver Continue Reading »
