There are often times when the law says one thing while police officers think another. And one of the more common examples in British Columbia would be the enforcement of the driving privileges of foreigners studying in BC.
BC’s Motor Vehicle Act allows exemptions for those who carry a valid driver’s licence from their home country, and who are also attending a valid educational institution. As long as that criteria is met, the only requirement is that those who hold foreign licences produce their licence if a police officer demands it.
The CounterAttack roadbock season began once again for British Columbians on Dec. 1. This is the time of year when police officers across the province log overtime hours to set up a series of roadblocks and checkpoints with the aim of catching impaired drivers.
This CounterAttack program has a lengthy history in BC, dating back four decades when it began in 1977. The funding for the program inevitably comes from a combination of provincial funding, ICBC, and operational money from police departments themselves.
In September, all charges against a man and a woman charged as part of a raid on a clandestine drug lab were dismissed after judge ruled that Vancouver police had wilfully and flagrantly violated their Charter rights, numerous times during the investigation.
These violations included withholding Shu Tshung Wong and Lena Truong’s access to a lawyer for six hours, multiple incidents of unreasonable search and seizure, unlawfully holding one of the accused in custody for 14 hours, among other breaches of their rights.
Vancouver Criminal Lawyer with a focus on impaired driving, cannabis legalization and related issues, and immediate roadside prohibition defence.