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 for the Charter violation arising from the application of the unlawful law. Does this mean, if you get an IRP next 6 months, you can make your Petition to Court for a remedy? Why wouldn’t you be able to? You still have the right to a remedy under the Charter for an unlawful law, even if the law is officially on the books. Perhaps the Government will just be on the hook for more damages.
In any event, if you get an Immediate Roadside Prohibition it is more important than ever that you dispute it, despite the fact that the review process is grossly flawed. You will probably lose because, as the Court found, the deck is stacked against you, but you need to dispute the IRP to preserve any chance of a remedy in the future.