Mid March we started to get a little freaked out. You see, we were half way through the month and we won every IRP appeal that we’d done.
Of course, this was unheard of. When the IRP scheme was introduced, and again when it was re-introduced, the success rate for IRP appeal hearings was 10% overall in the province. Our rate was always well above the average. And we do so many IRP appeals that we skew the stats. But in any event, it was dismal. Still, we kept at it, digging for more ASD information, collecting data, thinking about flaws in the law and researching defences.
Then last August reporters caught on that the success rate had jumped to over 20%. This was based on stats that were already a few months out of date from information we forced the Government to disclose and was thereafter made public.
At the time those stories were published we were already winning about twice the average. We were pleased, but we knew that we could do better. In September 2013, we estimate that we were succeeding in approximately 50% of all IRP appeal hearings.
This was remarkable for a number of reasons. You must keep in mind that this is a system designed for no one to succeed. We have been doing our best to unwind that aspect of the IRP scheme and it was becoming clear that we’re getting the upper hand.
IRP success in March 2014
We were holding our breath at the end of the day Monday because it was clear we were going to break a record in dramatic fashion. At the end of the last working day in March 2014, we can report that we succeeded in over 90% of all IRP appeal decisions rendered in the month. Moreover, in the couple that we lost, we argued the cases for other strategic reasons knowing we’d probably lose.
Our fantastic IRP success in March 2014 is now approaching our success rate in Criminal DUI cases (which is so significant that we keep it a secret). Kyla won 100% of her IRP case decisions – an amazing accomplishment.
What does this mean for the IRP scheme?
Although we see a trend, it’s too early to say what the implications may be. We’ve said before that the IRP scheme is untenable, and we think this is evidence of the point.
We can say with certainty that our approach to defending IRPs is extremely effective and that most people should appeal their IRP. Right now we find defences in almost every package of police disclosure we obtain.
What to do if you are issued an IRP?
It is imperative that if you are issued an IRP, you get the right information and the best possible defence. Call us if you get an IRP and we can discuss your case and your options.