No Traffic Trials – Who Saw That Coming?
No Traffic Trials – Who Saw That Coming? There has been a lot of attention lately on traffic ticket trials – or, rather, the disappearance of them[1]: This is not actually new. The NDP brought in the legislation that allowed this to happen. The Conservatives implemented it in three phases. Impaired driving cases were the first to go. The government began by both charging and giving an administrative sanction (also known as a Notice of Administrative Penalty, also known as an Immediate Roadside Sanction and referred to as an [...]
What to do After an Unsuccessful IRS Appeal: An Explanation of Judicial Reviews
So, you fought against the Notice of Administrative Penalty (NAP) you received, and although you and your lawyer gave your best efforts, the Penalty was, ultimately, confirmed. Unfortunately, this is the case on a lot of files. However, the process has not ended and your means of fighting back have not been exhausted! Our office is filing Judicial Reviews on a regular basis. So, what is a Judicial Review? Here is what you need to know: A Judicial Review is a means of appealing the decision you received. We [...]
Impending 1-Year Anniversary of Alberta’s Immediate Roadside Sanction Regime and What 2022 Might Bring
Where has the last year gone? We are already approaching one year since the legislation on Immediate Roadside Sanctions came into effect in Alberta on December 1, 2020. In our firm’s long history of defending clients against driving-related offences, we got really good at taking impaired driving charges to court. However, fighting an Immediate Roadside Sanction is different. We are highlighting here the good, the bad and the ugly when it comes to appeals of the Immediate Roadside Sanction (IRS) appeals, also known as Notice of Administrative Penalty. So, [...]
Family Court Resolutions Still Going Ahead During Pandemic
The past year and a half has brought in its share of problems for court-going lawyers. In our criminal practice we have had to put off numerous trials and court appearances because of court closures due to COVID 19. However, despite the absence of Chambers sitting in family court, resolutions between parties have been going ahead, perhaps even in a more productive way. With the various orders to self-isolate and refrain from in-person meetings, our resolution discussions have had to go virtual. Prior to the pandemic, parties in a [...]
New Impaired Driving Laws in Alberta for 2020
Have you heard about the new impaired driving laws in Alberta? Are you confused? You’re not the only ones! Hi, I’m Shannon Gunn Emery, one of the lawyers with Gunn Law in Alberta, and we are here to help you with everything impaired driving related. If you were charged… “charged”, after December 1st, 2020 you may have a lot of questions! You aren’t actually “charged” but you are really “accused”. And you’re accused in a very unpleasant way, in that, unless you successfully appeal that immediate roadside sanction that [...]
Future of the Law on Impaired Driving in Alberta
On June 4, the Alberta government announced that it intends to dramatically change the laws on impaired driving in Alberta. If passed, the new laws would take effect towards the end of this year. Many clients have been calling and wondering if the new law might affect their outstanding charges. It won't. The new law will, however, have a dramatic effect on those stopped and investigated for impaired driving in the new year. There is much in the proposed legislation to make a defence lawyer shiver. Make no mistake! [...]
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