It’s awful being a New Driver in BC. If you’ve got an “N” and you’re accused of driving after drinking, you’ve got a big problem. In BC the graduated license program is akin to having an axe above your head with a hair release. If you’re a Novice / New Driver, i.e. you have an […]
New Driver with an IRP Continue Reading »
As we reported January 24, 2014, the Supreme Court of Canada dismissed the application for leave to appeal the decision of the BC Court of Appeal in Murray. It’s been interesting to see how things are playing out. The Murray fallout is significant, which tells us a little about why the BC Government was willing
Murray fallout – check your IRP disclosure Continue Reading »
The BC Supreme Court has rendered a decision in Longstaff v. British Columbia (Superintendent of Motor Vehicles) changing the way Administrative Driving Prohibitions DUI cases are going to be addressed by the OSMV tribunal, particularly with respect to missing certificate cases. An ADP is different from an IRP, but has many of the similar consequences.
Missing Certificate Continue Reading »
We discussed in general the opportunity a tribunal has to change the evidence, if in fact their goal is to uphold an allegation. The reason that this can happen is a lack of transparency at the tribunal level. There is no substitute for the cold dispassionate hand of justice as you will find in the
Opportunities for mischief Continue Reading »
We do not have awards ceremonies for the judges who convict the most people, or who send the greatest number of people to jail in a year. There is no such thing as a Bankie Award for the judge who renders the most decisions in favour of banks in civil suits. And this is all
Incentives in the justice system Continue Reading »
It is the 30th anniversary of the Charter of Rights and Freedoms and as far as we are concerned there should be a national holiday. The Charter of Rights and Freedoms governs all sorts of relationships we have with governments and police. It informs our sense of fairness and the very idea of what we
Undermining the Charter of Rights Continue Reading »
If you are arrested for a drunk driving offence in British Columbia, you normally walk out the police station with a small pile of papers. Many people don’t want to know what the papers say. Most important at that moment is to get home, gets some sleep, have a shower and find something to eat.
Papers the Police Give You Continue Reading »
The limitation periods for IRPs, ADPs, 24-hour Prohibitions and Notice of Intent letters confound most people. What mystifies us is why the person subject to the prohibition should have such a short period to file for review. To us some of the time periods can only serve to disadvantage the applicant. And we wonder if
A Decision in 21 Days or Your Pizza Is Free Continue Reading »
If you just received an Administrative Driving Prohibition (ADP), a 30-day Immediate Roadside Prohibition (IRP) or a 90-day IRP, a nasty letter is coming your way. The IRP or ADP Notice of Prohibition does not explain the misery that is about to befall you. Only after the 7-day appeal period has expired will you receive
Bad News in the Mail Continue Reading »
Over the last six months we developed a unique argument that will likely change the rules concerning ADP and IRP hearings conducted at the OSMV tribunal. This argument was used as part of one of our IRP appeals. Lawyers for the government considered our written argument and chose not to oppose us concerning this argument
The Application of the Charter to ADP and IRP Hearings Continue Reading »
