Because we are criminal defence lawyers, we spend a lot of time reviewing evidence and conducting our own investigations. Like the police, we follow up clues and develop leads. When we get an inkling that something is suspicious, quite often our inquiries reveal much more than we expected. And sometimes we end up in situations […]
Fresh Evidence Continue Reading »
Strange thing here — the RCMP have issued a press release saying: On November 30, 2011, the BC Supreme Court determined that for those who fail or refuse the roadside screening device, police could no longer issue an Immediate Roadside Prohibition (90-day driving ban) and that police could only issue an administrative driving prohibition, and/or
We now need to tell you what we think the Government plans to do. We now believe that the Government intends to adjourn all outstanding IRP Fail cases, whether before the OSMV or the Court, until June when the Government can introduce new legislation and then have a re-hearing for everyone who received a 90-day. This
Now that Immediate Roadside Prohibitions for Fail on an ASD have been more or less abandoned by the police, people have started calling us after having received a 90-day Administrative Driving Prohibition (ADP). You are much better off to have an ADP than an IRP. It is important, however, not to confuse the two or
Return of the Administrative Driving Prohibition Continue Reading »
They say that the first step toward dealing with a problem is first admitting that you have one. In October 2011, we revealed that the Port Moody police were performing too many calibration tests with each bottle of test solution. The Canadian Society of Forensic Science Alcohol Test Committee sets the standards which are used
Admit you have a problem Continue Reading »
When the decision on the application of Sivia came out on December 23rd, we knew that it would complicate matters. Courts try to call it like they see it, based on the law and the facts presented. The lawyers for the Government carefully explained the position of their client (the Government) i.e. that lifting the
Update & Action on the Streets Continue Reading »
The Abbotsford Police are in damage control. And their spin does not have traction. Yesterday morning an Abbotsford officer was on the Bill Good show with host Michael Smyth. You can download it or listen to it here. The officer argued that this is similar to a cell phone needing repair. He argued that this
Who will reverse the damage? Continue Reading »
The Solicitor General is wrong. Everyone makes mistakes, and so we do not hold it against her, but her knowledge of the history of ASDs in British Columbia is lacking. In the Canadian Press article from December 26, 2011, she was quoted as having written the following in an email: “These devices are highly accurate
I met with CTV this morning to further explain some of the problems with ASDs following the Canadian Press story published on Boxing Day. We have a significant amount of disclosure showing problems with these devices, but understandably reporters want to cut to the most revealing. Also, much of it is hard to understand unless
Media Storm & Class-Action Update Continue Reading »
We are all on vacation at the moment, so we have not had a meeting to discuss the ruling. We will all be back in the office Wednesday, so you can expect a full update soon thereafter. One immediate difficulty that presents is that the Court has not limited the remedies that can be obtained
It may seem nebulous, but it was the conclusion of the Court that applying the Charter to immediately strike down the unlawful IRP law “may pose a danger” such that it is appropriate to delay the declaration of invalidity. What does this mean for our clients? The Court went on to say: In suspending this
“May pose a danger” Continue Reading »
The Court has rendered its decision concerning the implications of the 90-day IRP scheme having been found to violate the Charter of Rights. We are reviewing the decision. We will post updates when we have had an opportunity to consider the implications of the decision. You can read the decision here: http://www.courts.gov.bc.ca/jdb-txt/SC/11/17/2011BCSC1783.htm
Court decision – December 23, 2011 Continue Reading »
