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Immediate Roadside Prohibitions in Western Canada
Author
:
Kyla Lee
Immediate Roadside Prohibition schemes are firmly entrenched in British Columbia, Alberta and Saskatchewan, and are expected to be present in every province in the next 10 years. The time to learn how to challenge these prohibitions successfully is now.
Publication Language: English
Published: February 17, 2021
Publisher: LexisNexis Canada
In British Columbia, the first province to adopt an Immediate Roadside Prohibition (IRP) scheme, an IRP is a 90-day driving prohibition issued to alcohol-affected drivers under the Motor Vehicles Act. The prohibition takes effect immediately and in addition to the 90-day prohibition, there is a corresponding vehicle impoundment.
Authored by renowned criminal defence lawyer and Immediate Roadside Prohibitions (IRP) expert, Kyla Lee, this ground-breaking book offers an in-depth examination of B.C.’s IRP scheme as well as the IRP statutory schemes in Alberta and Saskatchewan, starting with the triggering event, through to the dispute process, the adjudicator’s decision and the right of judicial review. In addition, this text provides an analysis of the case law related to the credibility assessment in the written review process in the absence of cross-examination, and considers Charter violations and possible remedies in the administrative context.
Because IRPs are an emerging statutory scheme that will likely soon be instituted across the country, readers of this book will be ahead of the curve in learning about a topic that is gaining in importance. In particular, Immediate Roadside Prohibitions in Western Canada would be a useful reference volume for
- Defence lawyers specializing in DUI charges as it will assist with their practice by providing insight that will give them an advantage in providing cutting-edge representation
- Judges as it is a valuable reference tool on an emerging topic that they may not have a lot of experience dealing with
- Law schools and libraries as it provides a practical learning tool for future criminal lawyers
Chapter 1: British Columbia’s statutory scheme
1) Version 1 of the Immediate Roadside Prohibition scheme
2) Version 2 of the Immediate Roadside Prohibition scheme
3) Version 3 of the Immediate Roadside Prohibition scheme
4) Consequences of the prohibition
5) Triggering event
6) Dispute process
7) Grounds of review
8) Evidence allowed
9) Adjudicator’s decision
10) Right of judicial review
11) Immediate Roadside Prohibitions
Chapter 2: Alberta’s statutory scheme
1) Triggering event
2) Dispute process
3) Grounds of review
4) Evidence allowed
5) Adjudicator’s decision
6) Right of judicial review
7) Immediate Roadside Prohibitions
Chapter 3: Saskatchewan’s statutory scheme
1) Triggering event
2) Dispute process
3) Grounds of review
4) Evidence allowed
5) Adjudicator’s decision
6) Right of judicial review
7) Immediate Roadside Prohibitions
Chapter 4: Credibility assessment
Chapter 5: Charter breaches
Chapter 6: Alternatives to administrative review
