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Originally Posted by CCA-Dave
FWIW, I am not a lawyer. I did challenge the province on a charter or rights and freedoms issue once, and that was a whole new learning experience. But it does make me think about the complete lack of recourse in the VI department...and I think that is what it boils down to.
I think, ultimately, someone is going to have to challenge the Province on their VI using the charter or rights and freedoms as the basis for complaint. I think it falls under section 11, which protects a person under criminal and penal matters, and section 7 which protects a person's legal rights. What it boils down to, is challenging the fact that we are supposed to be presumed innocent until proven guilty, and that the current VI process does not meet the expectations of Fundamental Justice. (In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation.)
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Personally, I am hoping enough complaining to the politicians, including the Solicitor General, will be enough to get them to realize that there is a fundamental justice problem with the VI system, and then they would revamp the legislations to include a dispute mechanism like how you'd dispute a traffic ticket. But I have no expectations this will happen on its own for a variety of reasons.
The next best thing is, since this seems to be primarily a CoV issue where selected members of the VPD are the primary culprits causing it, I'm hoping a service and policy complain will be enough to get the Police Board to order the VPD to ease up on the VI crack down as a policy change. I have higher hopes on this than the actual legislative change, but I also think the chances of this happening is rather low.