This is the day that Immediate Roadside Prohibitions for Fail (Fail IRPs) come back in BC. As of June 15, if you are stopped at the roadside for an impaired driving investigation, you will no longer have the right to talk to a lawyer. You will no longer see a remedy for any Charter breaches that arise during your interaction with the police. The police can demand a breath sample with no grounds at all and if you provide it and blow a Fail, there is no way to challenge the illegality of the search and seizure.
If you refuse, on the other hand, you can challenge the validity of the demand. But in the meantime, you are prohibited from driving and your car has been impounded.
Never mind the fact that you have to pay for the very privilege of disputing the prohibition in the first place. The BCSC decision declaring court fees illegal hasn’t yet been extended to tribunal hearings such as these, despite the fact that the stated purpose of these hearings is to take the pressure off the courts.
Does anyone else see the problem here?
When you receive a 90-day IRP the punishment begins automatically, right or wrong. Even if you can muster the evidence to show you are innocent, you will still suffer the prohibition and the cost to file for review. All 90-day IRPs are issued at the roadside by a police officer who subjects the driver to an Approved Screening Device demand. If it registers a “Fail” reading or the driver refused to provide a breath sample at the roadside the officer issues a 90-day IRP. The prohibition begins immediately and the vehicle is impounded.
By bringing back Immediate Roadside Prohibitions for Fail the Government has declared war on our Charter rights. What kind of Government would do this? A BCLiberal Government under Premier Clark.