No remedy for your IRP

So the decision is in for those affected by IRPs prior to November 30, 2011 (when the law was declared unconstitutional) and the verdict is...bad.  The Judge says the law is "prospective" as per the Supreme Court of Canada's decision in Hislop, however he seems to get the law completely backwards.

In a nutshell, the Judge said that since the law was still presumed Constitutional at that point, then all penalties were also Consitutional.  Thus, if you haven't done your 90 days off the road, or completed the Responsible Driver's Program (RDP) or the Ignition Interlock Program, then you still have to do those programs.  This, however, makes no sense since the Province would effeictly be penalizing people in the future, based on laws that are unconstitutional.

So the next question is whether the decision will be appealed.  That remains to be seen, but given the inherent absurdity in the decision, we wouldn't be surprised.

Read Judge Sigurdson's judgment here.






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