ICBC’s No-Fault Insurance Model

No-Fault Model vs. Litigation-based Model

In May 2021, ICBC implemented a new model of auto insurance. Under the old, litigation-based model, a victim of a car accident could sue the driver responsible for the crash. Injured parties could file court claims against responsible drivers and receive compensation for the pain and suffering they experienced. ICBC would usually reach settlements with those victims or pay the victims the amount determined by the courts when those matters went to trial.

Under the new, no-fault insurance model, injured parties can no longer sue the responsible insured driver for their injuries. ICBC will investigate the accident, assess how much each injury has impaired the injured parties, and provide claimants with pre-determined amounts of compensation for the types of injury they have sustained. Compensation is not tailored to the particular effects of the injury on their lives. The legislation that establishes the no-fault system sets out fixed amounts that claimants will be entitled to for each type of injury, regardless of how the injured party is uniquely affected by that injury.

Under the no-fault system, ICBC awards compensation to victims only for injuries they sustained during the accident that is the subject of their claim. Compensation no longer takes into account a victims’ previous injuries and the extent to which the present accident has aggravated pre-existing conditions.

What No-Fault Insurance Covers

Even though car accident victims can no longer seek compensation for their injuries through the courts, the new system expands the range of benefits they receive to address their ongoing needs in recovering from their injuries and returning to their lives.

Income Replacement Benefits

BC residents who are unable to work because of injury in a car accident may be eligible to receive income replacement compensation. These benefits are capped at 90% of your net income, up to a maximum of $119,000 in gross annual income. People whose income exceeds $119,000 can purchase optional Income Top-up coverage to increase the benefits cap.

Benefits recipients cease to be eligible for income replacement benefits once they are:

  • able to do the same job they were doing at the time of the accident;
  • available to work in the same type of employment 6 months after the accident;
  • obtain employment that pays as much as or more than their employment at the time of the accident;
  • eligible for a retirement income benefit.

Medical and Rehabilitation Costs

Under the no-fault system, ICBC provides Enhanced Accident Benefits to people injured in car accidents. These benefits entitle injured parties to payment for or reimbursement of necessary and reasonable medical and rehabilitation-related treatments. These can include physiotherapy, registered massage therapy, chiropractic care, clinical counselling, kinesiology. They may also include treatment such as dental care, prescription medication, home support, home and vehicle modifications, and alternative treatments.

ICBC will review the medical reports and notes of care providers and determine the number of sessions of treatment an injured party will receive, up to 12 weeks of treatment. After that, the injured party will have to provide evidence to ICBC to demonstrate why further treatment will be necessary for their recovery.

Permanent Injuries

People who experience a permanent injury or functional impairment may be entitled to additional types of compensation. These include permanent impairment benefits, recreational benefits and increased personal care benefits. For some permanent injuries, ICBC will provide lump-sum payments. People who incur a “catastrophic injury”, such as quadriplegia, paraplegia, severe brain injuries, amputation or vision loss, will receive the maximum lump sum impairment benefit amount under the Permanent Injury Regulation.

Vehicle Damage

If you are not responsible for the crash, ICBC no-fault insurance will cover the costs of repairing your vehicle damage up to $200,000. This claim will not affect your insurance premiums because you were not responsible for the accident.

At-Fault Drivers

At-fault drivers will not face any consequences for an accident other than increases in their insurance premiums. Their insurance policy will cover compensation and benefits for their own injuries, and they will not face any other financial repercussions for the victims’ injuries.

Challenging ICBC’s Decision on Benefits

If you disagree with ICBC’s decision about your no-fault benefits, you may apply to the Civil Resolution Tribunal for a ruling about what benefits you are entitled to.

If you are concerned about the benefits available to you after an accident, or need help dealing with the complexities of ICBC’s no-fault insurance system, give us a call and we will be happy to assist.

Parole Hearings

Parole Hearings

Parole Eligibility

Inmates who have been convicted of a crime and are serving a prison sentence are eligible for parole once they have served one-third of their sentence. They are eligible for statutory release after they have served two-thirds of the sentence. Any time that inmates have spent in pre-sentence custody will be credited to them, and the one-third and two-thirds proportions will be based on the difference between the length of their sentence and the length of time they spent in pre-sentence custody. An inmate sentenced to 7 years’ imprisonment but who spent 1 year in pre-sentence custody will be eligible for parole after 1/3 of 6 years, or 2 years, and eligible for statutory release after 2/3 of 6 years, or 4 years.

The exception to this is when offenders are convicted of first- or second-degree murder. Offenders convicted of first-degree murder need to serve at least 25 years of their sentence before they are eligible for parole. Those convicted of second-degree murders are eligible once they have served between 10 years and 25 years. Those who receive a life sentence without a minimum period of ineligibility have the right to a parole hearing after 7 years of their sentence.

Some offenders are eligible for other types of release at various stages of their sentence. These include Day Parole, work release, Unescorted Temporary Absences (UTA), and in exceptional cases, Parole-by-Exception.

Parole Board of Canada Hearings

Unlike criminal proceedings, parole hearings do not take place before a judge in a court. Instead, they proceed before a tribunal composed of Parole Board members, and typically take place at the institution where the inmate is serving his or her sentence.

At the hearing, the Board members assess the risk the offender may pose to the public if the Board grants him or her conditional release. The Board members consider whether the risk the offender may present to society if released can be managed in the community. The protection of society is the Board’s overriding consideration in any release decision.

During the hearing, the Board carries out thorough questioning of the offence. Any victims can make victim impact statements. The offender’s lawyer and the parole officer may also make submissions to the Board.

We Represent Individuals in Provincial and Federal Institutions

We conduct parole hearings for offenders convicted of all criminal offences, serving sentences at Provincial and Federal Institutions. We have been successful at securing parole and defending alleged breaches of parole for our clients and ensuring their return into the community. We act for inmates and parolees across BC and Canada who need assistance during their parole hearings. We work with each offender to develop practical and effective release plans, and ensure that they are prepared for the questions of the Board members at their parole hearing. We also provide consultation services to assist those navigating other challenges of the prison system and prison life.

Overview of Fishing Offences and Penalties in BC

Fishing in Canada is regulated by laws designed to protect fish species and natural resources. In British Columbia, people who fish recreationally and commercially are required to hold a valid license for their fishing activities. These licenses are often subject to conditions and restrictions based on species, quantity, times, and designated areas. Violating these conditions by fishing without proper authorization or outside permissible areas or seasons can lead to severe legal consequences.

Common Fishing Offences

Below is a list of the most common types of fishing offences:

1. License Violations

        1. fishing without a valid license;
        2. fishing in violation of license conditions;
        3. failing to carry and produce a valid license;
        4. operating a vessel without properly painted or affixed registration numbers; and
        5. fishing under the authority of a communal license without being a designated person.

        2. Quota Violations

        1. exceeding catch limits or quotas;
        2. possessing fish caught in contravention of regulations; and
        3. possessing fish whose weight or number cannot be readily determined.

        3. Fishing in Prohibited Areas or Times

        1. fishing in prohibited areas; and
        2. fishing in closed waters or during closed seasons.

        4. Gear Violations

        1. using prohibited fishing gear; and
        2. operating improperly marked gear.

        5. Illegal sales and purchases

        1. buying, selling, trading or bartering seafood caught in fishery where sales are not authorized

        6. Habitat Damage

        1. damaging fish habitat through illegal fishing practices

        Penalties for Unauthorized Fishing

        Penalties for unauthorized fishing vary based on the nature and severity of the offense. Some common penalties include:

        1. Monetary Fines. Fines can be substantial, depending on the type of catch and the extent of the violation. Fines for ticketed violations are up to $1,000, while court-imposed fines after conviction can range from $5,000 to $300,000 for a first offence and $10,000 to $600,000 for subsequent offence. Fines for serious offences range from $15,000 to $1,000,000 for a first offence, and $30,000 to $2,000,000 for subsequent offences. Post-conviction fines for serious offences by corporations are even higher, ranging from $500,000 to $6,000,000 for first offences, and $1,000,000 to $12,000,000 for subsequent offences.

              2. Suspension or cancellation of licences. Suspensions and cancellations can be temporary, for a period determined by the court, or permanent.

              3. Prohibitions. The court can prohibit individuals from engaging in fishing activities or from applying for new licenses for a specified period.

                4. Seizure. Courts can order forfeiture of fish, proceeds from the sale of fish, fishing gear and vessels or other equipment used in the commission of an offence.

                  5. Imprisonment. In serious cases, such as fishing endangered species or repeated violations, offenders can face a term of imprisonment in addition to the above penalties.4

                  Legal Services for People Accused of Fishing Violations

                  If you, your company or your organization has been impacted by fisheries charges or the effects of unauthorized fishing, we can help. To assist our clients, we:

                  • provide detailed and comprehensive legal advice to help you understand your rights, assess the charges, and prepare your defence;
                  • gather and examine evidence and documentation produced by fisheries offers and prosecutors to identify weaknesses or inaccuracies in the case
                  • help you pursue compensation for damages if violations of fisheries laws resulted in damage to your property or natural resources
                  • work to reduce the severity of penalties based on the circumstances and specifics of the offense.

                  Contact us today to receive expert advice and secure legal representation.

                  Hunting Offences and Penalties in BC

                  Hunters in British Columbia are required to hold a valid license, often subject to restrictions based on species, quantity, seasons, and designated areas. Violating these regulations by hunting without proper authorization or outside permissible areas or conditions can lead to severe legal repercussions.

                  Experienced and inexperienced hunters alike make mistakes. You may confuse a white-tailed deer for a mule deer, you may forget to get a landowner’s permission before starting a hunt, or you may mistake your location and end up hunting game outside of a wildlife management area.

                  Also, hunting offences are typically “strict liability” offences – meaning that if the evidence shows that you carried out the illegal act, you will be found guilty of that act regardless of whether you intended to do it. This means that the Crown generally has an easier job proving hunting offences than it does proving many criminal offences. Nevertheless, a conviction for a hunting infraction can result in a significant fine, a suspension of your hunting privileges, and even the seizure of personal property, such as your vehicle and rifle.

                  Common Hunting Offences

                  These are some of the most common hunting violations our clients face:

                  1. Hunting Out of Season;
                  2. Hunting Without a Licence;
                  3. Hunting in a Prohibited Area;
                  4. Hunting Threatened or Endangered Species;
                  5. Unlawful Possession of Wildlife;
                  6. Illegal Trafficking of Wildlife;
                  7. Illegal Use of Hunting Equipment;
                  8. Damaging Wildlife Habitat.

                  Penalties for Hunting Offences

                  The penalties for committing hunting offences under the Wildlife Act or Firearm Act include the following:

                  1. Warnings. These are notices of violations that do not result in a fine or charge, but that will result in a fine or charge on any subsequent occasion.
                  • Fines. For first offences, fines on violation tickets range from $345 to $1,495. For subsequent offences and more serious offences, the potential fines are much larger. If you fail to pay a fine within the time required, all licences (hunting and angling), permits and limited entry hunting authorizations issued to you under the Wildlife Act will be cancelled immediately.
                  • License suspension or cancellation. Courts may suspend or cancel hunting licenses, firearms licenses, or impose a hunting ban for a specified time.
                  • Seizure. Conservation Officers have broad powers to seize firearms, hunting gear, dead wildlife, vehicles and anything they have reasonable grounds to believe provides evidence of an offence.
                  • Convictions and imprisonment. Convictions can lead to a criminal record, which may affect future employment or travel. The severity of the punishment is typically based on the nature of the violation. In severe cases, such as hunting endangered species or repeated offenses, violators may face a term of imprisonment.

                  Legal Services for Defendants and Victims of Wildlife Offences

                  If you have been ticketed or charged with hunting offences, or if unauthorized hunting activities by others that harmed the environment, property, or wildlife in a way that has affected you, we are here to help. We handle cases involving violations of hunting and environmental laws and can assist in protecting your rights and the ecosystem.

                  We provide detailed and comprehensive legal advice to help you understand your rights and the laws that apply to your situation. We gather and examine the evidence and documents relevant to the charges against you. We identify weaknesses or inaccuracies in the case, prepare your defence, ensure a fair trial and potentially reduce the severity of any penalties you may face. In appropriate cases, we can also pursue compensation for damage to your property or natural resources caused by the violations of others.

                  With our extensive experience in environmental cases and wildlife violations, we are ready to support you through the legal process and protect your rights. Contact us today to receive expert advice and secure legal representation.

                  An Accused’s Right to a Timely Trial: Unreasonable Delay in Criminal Proceedings

                  Delay negatively affects the accused and the justice system

                  Unreasonable delay in criminal proceedings can have significant negative consequences for accused persons and our justice system. Excessive delays can hinder the accused’s ability to prepare a strong defence. Witnesses may become unavailable and their memories of key events may fade. Evidence may go missing or become compromised. Furthermore, the uncertainty associated with prolonged legal proceedings can lead to anxiety and depression for the accused, and impair the accused’s ability to function in daily life.

                  Delays also add to the court’s backlog of cases, reducing the court’s efficiency, and putting pressure on judges, prosecutors and the accused to rush decisions and proceed without adequate preparation. These factors undermine the aims of the justice system, which can erode public trust and confidence in the system.

                  How courts determine when delay is unreasonable

                  Section 11(b) of the Canadian Charter of Rights and Freedoms provides that everyone has the right to be tried within a reasonable time. In 2016, the Supreme Court of Canada made a decision in the case of R. v. Jordan, 2016 SCC 27 that describes a framework for determining when delay is unreasonable. The Court ruled that if the trial is held in provincial court (in BC, the Provincial Court of BC) the trial must be completed within 18 months (1.5 years) of the Crown laying the criminal charge. If the trial is held in superior court (Supreme Court of BC), the trial must be completed within 30 months (2. 5 years) of the Crown laying the charge. If a delay exceeds these time limits, the court will presume that the delay is unreasonable, unless the prosecution (the Crown) can demonstrate to the court that there are exceptional circumstances that justify the delay and that rebut the presumption that the delay is unreasonable.

                  If the court finds the delay unreasonable, and the Crown does not justify the delay, the court will   direct a judicial stay of proceedings, and the defendant will no longer face prosecution for the charges.

                  If the accused or the accused’s lawyer caused a delay (“defence delay”), the court will subtract the duration of the defence delay from the total period of the delay in question. Also, if exceptional circumstances, such as discrete events lying outside of the Crown’s control or the particular complexity of the case, are responsible for delay, the court will also subtract the amount of delay attributable to these circumstances from the total period of delay.

                  A case can qualify as “particularly complex” if, because of the nature of the evidence or the nature of the issues, it requires an unusually large amount of trial preparation time such that the delay is justified.  Courts will look at the number of accused, the number of witnesses, the complexity of the legal issues and the volume of disclosure as indicia of complexity. 

                  If the Crown wants to claim that delay is justified by a case’s complexity, it must show that the complexity is rationally connected to the delay that arose in bringing the matter to trial.  For instance, the Crown could not cite the fact that a case involves a large number of witnesses to justify a delay when that delay arose because of extremely late disclosure of evidence to the defence.

                  If a case is found to be “particularly complex”, the Crown must then establish that they developed and followed a concrete plan to minimize the delay occasioned by the complexity in the case. 

                  Remedy for unreasonable delay

                  In Canada, if there is an unreasonable delay between the time charges are laid against an accused and the end of a trial on the charges, the delay can result in the court granting a stay of proceedings, which is a suspension of the charges against the accused. This often leads to the permanent expungement of the charges against the accused.

                  A stay does not mean that the accused is innocent. But it means that the Crown failed to bring its case against the accused within a reasonable time in a manner that violated the accused’s rights unacceptably.

                  A stay of proceedings can restore accused people’s reputations and allow them to move forward with their lives.