Earlier this week we announced that the Sivia case has been appealed. One aspect of this appeal relates to the Court’s decision that IRPs for refusing or failing to comply with an ASD test are constitutional. In our view, they are not. Not even close.
Even though the Sivia case is under appeal, the police are still issuing Immediate Roadside Prohibitions for refusal. We also have clients who have filed Petitions to the Court after their failure to blow IRPs were upheld on review.
The Government is refusing to grant stays of driving prohibitions and other consequences for individuals who received refusal IRPs. They are of the view that the Court had it right in Sivia. We disagree. But until the Court of Appeal hears the issue and renders their decision, people who received these prohibitions will have to continue to serve the consequences, and people who continue to receive these prohibitions must dispute them.
Our office is prepared to conduct hearings regarding refusal and failure to blow Immediate Roadside Prohibitions in BC Supreme Court. We have developed a unique argument that has been successful in returning at least one client’s driving privileges and allowing our client to have a re-hearing before the Superintendent’s Office. We would like to help other people achieve the same success.
In our view, the Government should be staying every single driving prohibition and all remedial requirements for refusal or failure to blow clients. Since Sivia has been appealed, it is only just that these individuals should not have to serve consequences that are currently under constitutional scrutiny.
If in the meantime you receive an IRP for refusing or failing to blow, you should dispute it. As we have reported earlier, people who missed the seven-day time period to file their applications for review are now facing an uphill battle in challenging their prohibitions. Our lawyers are experienced in dealing with IRP cases and are able to make submissions to the Superintendent on your behalf, in a manner that preserves as many grounds of appeal as possible.
If you have already received a refusal IRP and are serving the consequences, contact our office. If you disputed and lost we can assess your case to determine whether you have a meritorious argument to bring to Supreme Court. We are ready to start reviewing these decisions right away.