March 2015 – New Changes Coming to IRP Scheme – in Legislature Now
March 25th, 2015 by gosal on

BIG NEWS: BC GOVERNMENT PASSING NEW CHANGES

TO THE IRP SCHEME:

The proposed legislation now removes virtually the only golden thread of common Law that was left in the IRP scheme, which was that the burden of persuasion rested with the officer to confirm the evidence was sufficient on a FAIL or REFUSAL. Now, the burden is placed upon the citizen to establish sufficient evidence of his innocence.  The presumption of innocence was removed with even the existing IRP scheme, as the vehicle is towed and prohibition starts immediately, without any due process until a Review was filed, and usually a decision not reached until almost 3 weeks into the prohibition.

The proposed Legislation, which is at first Reading, reads in part:

32 Section 215.5 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) The burden of proof in a review of a driving prohibition under section 215.48 is on the person on whom the notice of driving prohibition was served. [emphasis added]

 

-Also, as is the case now, despite the express requirement of the officer having to make a demand of one’s breath under the Criminal Code, the Adjudicator does not even look to the lawfulness of the grounds for the demand in a Fail. 

-You are not currently allowed to cross examine the officer, and there is no day in court.  The court backlogs are all cleared up, as no Trial Rights exist, and yes, you get lesser penalties than a Criminal DUI, but you are steamrolled by the Motor Vehicle Act instead, which is virtually a Charter of Rights & Freedoms Free Regime.  All this as we celebrate 33 years of the Charter, and upcoming 150th Canadian B-day. 

-For those that are seriously impaired, they get off with just a civil IRP, and given the basic decriminalization of DUI in BC, don’t face serious Judicial consequences.  All in the name of ‘protecting the public.’

Perhaps worth a reflection.  

GET THE DEFENCE YOU DESERVE FOR YOUR IRP.  CONTACT DIL GOSAL NOW.

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