Most of the criminal cases we deal with are resolved in Provincial Criminal Court with as little attention as possible and without any lingering questions. This is the way we like it. The nice thing about the court in BC is that, even if you disagree with the outcome, it still usually makes sense. Until […]
It Doesn’t Make Sense Continue Reading »
If you challenge conventional dogma, you run the risk of being labeled a heretic and you face a midnight arrest and subsequent show trial. If you follow the example of Socrates and defend yourself to the embarrassment of the authorities, you can expect them to come down hard on you. If you partially recant, like
Challenging Established Beliefs Continue Reading »
The end of April is now upon us and we still have not heard a peep from the New Westminster Police concerning the Port Moody Police. If you have followed our blog, you may recall that we revealed that the Port Moody Police were not following proper procedures in calibrating Approved Screening Devices. We gave
All The News That’s Fit to Bury Continue Reading »
Many Albertans had a good night sleep, satisfied in having maintained the status quo, i.e. having stopped the Wild Rose Party from seizing the Provincial Legislature. The turning point was that in the final week it started to become clear that some of the candidates for the upstart party were hillbilly bigots. Or something like
A Sigh of Relief in Alberta Continue Reading »
Some recent developments on the Immediate Roadside Prohibition (IRP) front. If you have been following closely, you may know that Sivia, for whom the leading case is named, was in fact an ASD refusal allegation. So although this person is commonly referred to as having been successful in the Court challenge, in fact they were
Quick IRP Update Continue Reading »
Chad Kroeger’s over .08 case was a turning point for the police. Like so many before him, Mr. Kroeger (or Turton if you prefer) drank too much one night before driving his Lamborghini through Surrey. He was pulled over by the RCMP and ultimately he provided breath samples in excess of the legal limit. It
Unintentionally Encouraging Charter Violations Continue Reading »
The Charter of Rights and Freedoms is great — if the police kick down your door on a whim without a warrant and then refuse to let you call a lawyer, the plastic bag of cannabis they stumble upon in your cupboard will not be evidence considered by the Court to prove any charge against
When the Charter Lets You Down Continue Reading »
Today is the 30th anniversary of the Charter of Rights. Three decades ago on a windy, rainy day Queen Elizabeth, Pierre Trudeau, Jean Chretien, along with some hangers on and dignitaries, got together in a ceremony to sign the Charter of Rights and Freedoms and patriate (make Canadian) the Constitution. The ceremony was outside. When
Celebrate the Charter of Rights Continue Reading »
It is the 30th anniversary of the Charter of Rights and Freedoms and as far as we are concerned there should be a national holiday. The Charter of Rights and Freedoms governs all sorts of relationships we have with governments and police. It informs our sense of fairness and the very idea of what we
Undermining the Charter of Rights Continue Reading »
The Charter of Rights guarantees that every person has a series of significant rights upon arrest or detention. You have the right to be free from arbitrary detention. You have the right to be advised of the reasons for detention. You have the right to retain and instruct counsel without delay. You have the right
Exclusion of Evidence Continue Reading »
Gordon Campbell was forced out by his own party in response to the public backlash that followed the botched introduction of the HST. The main complaint people had was that the BCLiberals did not disclose until after that last provincial election any plans to harmonize the sales tax. The anger against the HST was not
Put It to the Voters Continue Reading »
With the exception of the handful of people who contacted us in the few days before the Easter long weekend, all of our clients who were given 90-day Fail IRPs are back on the road without the Interlock requirement. Even clients who had the Interlock already installed have now had it removed. If you still
IRP Scheme Update Continue Reading »
