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October 28, 2005

New Lawful Access Bill expected in November raises concerns about expanding potential for surreptitious surveillance

The proposed Bill is anticipated to expand the types of “tracking devices” that police can use under warrant to include laptops, wireless internet connections, cell phones with GPS, and wireless digital assistances (like Blackberries). The potential for police abuse of their lawful access powers and the significant increase in access to the private lives of Canadians has caught the attention of civil liberties watchdogs including the federal Privacy Commissioner. Click here for a recent article.

For a thorough review of the current state of the law regarding police investigation powers and the changes proposed in the new Bill visit The Canadian Internet Policy and Public Interest Clinic.

Posted by BCCLB at 10:01 AM

October 16, 2005

SCC finds right to legal counsel not absolute for suspected drunk drivers.

The Supreme Court of Canada's ruling in R. v. Orbanski; R. v. Elias, 2005 SCC 37 endorses the use of roadside breathalyzer and sobriety tests as reasonable limits on the right to counsel of a person accused of drunk driving. The Court found that reducing the damage caused by drunk drivers constituted a compelling state objective and that the use of standard screen methods (like the breathalyzer) were both rationally connected to that objective and no more intrusive than necessary to meet it. It's early days yet but this decision highlights the imporantance of vigilence on the part of defence counsel to ensure that an accused's s.10(b) Charter rights are observed in the context of police administering a roadside screening test.

To read the full reasons for judgment click HERE.

Posted by BCCLB at 03:00 PM

October 14, 2005

Final phase of tougher drunk driving legislation in effect as of June 15, 2005.

As of June 15, 2005, BC drivers convicted of drinking and driving must complete a user-pay education and rehabilitation program before they will be allowed to drive again. The Province is also committed to bringing in user-pay interlock ignition programs which require a breath sample with zero alcohol in order for a vehicle to start. This more drastic measure may be imposed in cases where a driver has more than one DUI conviction.

Other provisions of the The Motor Vehicle Amendment Act (Bill 66) that came into force in late 2004 and earlier this year include:

December 13, 2004:
*Police can now immediately impound vehicles at the roadside for 24 hours where the driver receives a 24-hour alcohol related driving prohibition.

January 1, 2005:
*fines for driving while prohibited or suspended have increased from $300 to a $500 minimum and police are empowered power to impound vehicles for 60 days on a first offence and 90 days for a subsequent offence.
*Courts now have the discretion to consider the particular circumstances of a first drunk driving offence and impose jail time where appropriate.
*ICBC can now refuse to issue a driver's license if a person has outstanding fines for offences commited under the Liquor Control and Licensing Act.

January 17, 2005:
*New or learning drivers can no longer demand a blood test to challenge the results of a roadside screening device.
*Road side screening is now sufficient to meet the demand for a breath test to challenge a 24-hour prohibition on driving whereas before the test had to be conducted at a police station.

May 1, 2005:
*Immediate license suspension now occurs where a court imposes a ban on driving as part of bail conditions.

To read Bill 66 click here.

Posted by BCCLB at 04:03 PM

Refusal to honour accused's request for legal counsel leads to acquittal on drug and weapons charges in HMTQ v. Parmar

Recently, in a case involving charges for possession of prohibited weapons, the B.C. Supreme Court found that a failure by a police officer to honour an accused's request for counsel is a breach of the right to counsel protected by s. 10(b) of the Charter. In this case, that breach along with breaches of ss. 8 and 9 Charter rights led to the exclusion of evidence critical to the Crown's case against the accused resulting in his acquittal. Click here to read the Court's Reasons for Judgement in HMTQ v. Parmar 2005 BCSC 1247.

Posted by BCCLB at 04:00 PM

October 04, 2005

Impaired driving charges can be plea bargained.

The case of R. v. L. demonstrates that impaired driving charges do not always have to end with an accused suffering the stigma and consequences associated with having a criminal record, Mr. L. was charged with impaired driving and driving over .08 after blowing over twice the legal limit. The case was successfully plea bargained to a ticket of driving without due care and attention resulting in Mr. L. avoiding a criminal record and not have to serve a driving prohibition.

Posted by BCCLB at 11:58 AM