Today the Supreme Court ruled that the taking of samples for the purpose of a 90-day IRP is a violation of sections 8 and 10(b) of the Charter of Rights.
We have taken the position since the legislation was introduced that using ASD results to harshly punish an individual is a violation of sections 8 and 10(b). The section 8 violation arises by the use of the sample obtained in violation of these rights.
The Court now will address the declaration necessary to strike down the relevant provisions of the IRP scheme.
Each person who received a 90-day IRP should be entitled to a remedy. We will post further updates in the next few days to explain the steps necessary to facilitate this.
We would like to thank our clients, friends and family for their support as we have dealt with this legislation. It has been frustrating as a lawyer to see so many people wrongly accused under the 90-day IRP scheme. Most frustrating has been that the legislation grossly limited our ability to defend our clients. Sadly, innocence was not a defence that would succeed on a review.