October 2, 2014 UPDATE: The Supreme Court of Canada reversed the decision of the BC Court of Appeal, essentially reinstating the trial judge’s ruling. As we originally said, the BC Supreme Court judge called it like it is. The decision can be found here: http://scc-csc.lexum.com/scc-csc/scc-csc/en/14375/1/document.do The newspaper headline will talk about the BC Supreme […]
The BC Supreme Court calls it like it is Continue Reading »
We have been dealing with a topic that is particularly concerning to us. It should be on the minds of every British Columbian, and that is the steps that the Government is taking to oust the jurisdiction of the courts for most matters and to move adjudication to in-house tribunals. If our courts were properly
Peer pressure Continue Reading »
In Canada and the US courts are often criticized for being goal oriented. Right-wing and religious groups usually complain that courts have a “liberal agenda” — that they have goal-oriented adjudication that support a movement away from traditional Christian / Conservative values. It may be a valid observation. There is no doubt that courts, with
Goal-oriented adjudication Continue Reading »
As you have probably figured out reading our blog, we have sources of inside information in the Government and some police forces in BC. It’s not nefarious. Often the information we get merely confirms what we already know. Many people on the inside find the IRP scheme deeply flawed and as a consequence they tell
Sources of inside information Continue Reading »
In March we discussed the strange tension between the Government and the courts here in BC. The blog post remained one of the most popular since then. The post discusses the statement issued by the three levels of court concerning judicial independence. It was made in response to comments made by member of the Government
Subtle pressure Continue Reading »
If you read our post from yesterday, you know about the secret. Essentially, a judge or tribunal can uphold or reject any matter before them by basing their decision on findings of fact. If you’re the judge and you are inclined to a certain decision, all you need to do is make findings of fact
Findings of fact to fit a result Continue Reading »
It’s time we let you in on a secret. There is a major flaw in our justice system. Appeal courts struggle with it but only using delicate language designed to shroud the problem. Virtually all lawyers know about it but nobody has managed to come up with an acceptable solution. And we’re not supposed to
If you thought the IRP scheme was the low point in BC legal history, think again. Emboldened by aspects of the Sivia decision, the BC Government now plans to take away the Charter of Rights and your right to a trial when the police stop you for a driving offence. It’s the end of the
The end of the Charter of Rights in BC Continue Reading »
Last week CTV reported that the number of people who were given driving prohibitions in connection with an alleged drinking and driving offence since December 1, 2011, was a fraction of the number from the same period the year before and about half of what we would see in a typical year. These are important
Drunk driving is on the decline Continue Reading »
The IRP fix is in and British Columbians want to know what it means to them. More important right now is what it means to the people who received a Fail 90-day Immediate Roadside Prohibition before November 30, 2011. The short answer is that nothing has changed. The legislation is silent on Fail IRPs issued
Government’s IRP fix and what it means to you Continue Reading »
As most people know, the Government has introduced the proposed changes to the Motor Vehicle Act to bring back “Fail” 90-day Immediate Roadside Prohibitions, also known as IRPs or Automatic roadside driving prohibitions. You can find the press release here and the proposed legislation here. Apparently the press release was issued, there was a statement
New IRP Legislation Introduced Continue Reading »
We do not have awards ceremonies for the judges who convict the most people, or who send the greatest number of people to jail in a year. There is no such thing as a Bankie Award for the judge who renders the most decisions in favour of banks in civil suits. And this is all
Incentives in the justice system Continue Reading »
