As of today at 3:30 p.m. the BC legislative assembly is on vacation until October. So the Government hopes to push through the Immediate Roadside Prohibition (IRP) changes in the next few hours. Bill 46 pays lip service to some of the concerns we’ve raised, but it does nothing to address issues such as the […]
Thoroughly examine the legislation: Bill 46 IRPs for Fail 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 have been discussing the Government’s steps to remove decision making from the courts, i.e. the justice system, and to move it in-house. Our concern is that the Government has decided that justice is not in its interest because it costs money and justice is not as effective at taking people’s money as an in-house
Transparency at tribunal hearings Continue Reading »
October 2, 2014 UPDATE: The Supreme Court of Canada reversed the decision of the BC Court of Appeal, essentially reinstating the trial judge’s ruling. As we originally said, the BC Supreme Court judge called it like it is. The decision can be found here: http://scc-csc.lexum.com/scc-csc/scc-csc/en/14375/1/document.do The newspaper headline will talk about the BC Supreme
The BC Supreme Court calls it like it is Continue Reading »
If you thought the IRP scheme was the low point in BC legal history, think again. Emboldened by aspects of the Sivia decision, the BC Government now plans to take away the Charter of Rights and your right to a trial when the police stop you for a driving offence. It’s the end of the
The end of the Charter of Rights in BC Continue Reading »
Chad Kroeger’s over .08 case was a turning point for the police. Like so many before him, Mr. Kroeger (or Turton if you prefer) drank too much one night before driving his Lamborghini through Surrey. He was pulled over by the RCMP and ultimately he provided breath samples in excess of the legal limit. It
Unintentionally Encouraging Charter Violations Continue Reading »
The Charter of Rights and Freedoms is great — if the police kick down your door on a whim without a warrant and then refuse to let you call a lawyer, the plastic bag of cannabis they stumble upon in your cupboard will not be evidence considered by the Court to prove any charge against
When the Charter Lets You Down Continue Reading »
Today is the 30th anniversary of the Charter of Rights. Three decades ago on a windy, rainy day Queen Elizabeth, Pierre Trudeau, Jean Chretien, along with some hangers on and dignitaries, got together in a ceremony to sign the Charter of Rights and Freedoms and patriate (make Canadian) the Constitution. The ceremony was outside. When
Celebrate the Charter of Rights 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 »
The Charter of Rights guarantees that every person has a series of significant rights upon arrest or detention. You have the right to be free from arbitrary detention. You have the right to be advised of the reasons for detention. You have the right to retain and instruct counsel without delay. You have the right
Exclusion of Evidence 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 »
The constitutional challenge to the Immediate Roadside Prohibition regime was heard in the B.C. Supreme Court last week. The arguments have all been completed now, so all there is left to do is wait for the judge to make his ruling about whether the IRP regime violates the Constitution or the Charter. There were two main arguments advanced in challenging
Immediate roadside prohibition challenge Continue Reading »
