These are all charges under the Criminal Code, R.S.C. The alleged victim is 54 year old Harjit Singh Atwal, who received a bullet wound to his thigh area. The dispute has apparently been ongoing, and related to alleged defamatory statements made, and civil actions commenced. The shooting occurred at a wedding, at the Guru Nanak Sikh Temple (called a Gurdwara) on Scott Road in Surrey, BC on August 28, 2010. Gill turned himself into RCMP on August 30, 2010.

Surrey Fatal Punjabi RCMP Stabbing Murder

The female victim was taken to hospital, and we understand that the RCMP IHIT have advised that she is expected to recover.

Police arrested Vinepal, a 54-year-old man, who is represented by his Criminal Barrister, Dil Gosal. Vinepal was found inside the home, but investigators are still trying to determine if he had a hand in the stabbing. His relationship to the victims has not yet been determined.

Investigators say the murder does not appear to be connected to drugs, gangs or organized crime. An autopsy is expected sometime next week.

According to an RCMP News Release:
Surrey: Surrey RCMP attended a residence and discovered a deceased male. A woman suffering from significant stabbing related injuries was also discovered in the home. The Integrated Homicide Investigation Team has been assigned the investigation.

On August 13, 2010 in the early morning hours Surrey RCMP patrol officers attended a residence in the 12800 block of 99 Avenue. Police were alerted to the residence as a result of a call to police from inside the home.

Once inside the home, patrol officers discovered a deceased adult male along with an adult female that was suffering from substantial stabbing related injuries. The female was attended to by BC Ambulance personnel and transported to an area trauma hospital to be treated for her injuries.

One male was arrested in the home and brought to the Surrey RCMP office. The male currently remains in police custody. Although a male has been arrested investigators are still working to confirm the males role in the incident as well as attempting to establish the relationship if any with the victims.

Patrol officers immediately secured the residence and the area around the neighbourhood. Surrey Serious Crime
Section was immediately engaged into the investigation along with the Integrated Homicide Investigation Team.

Currently, investigators with IHIT are gathering information in order to apply for a search warrant to enter the home for evidence gathering. Once the warrant is obtained the Lower Mainland District Forensic Identification Section will conduct a comprehensive crime scene investigation.

IHIT and Surrey Serious Crime investigators will be throughout the neighbourhood speaking to neighbours to see if there is anything they can offer the investigation.

Although it is very early in the investigation, at this point this does not appear to have links to drugs, gangs or organized crime.

An autopsy is expected to be performed at the beginning of next week.

The name of the deceased is not being released at this time pending notification of next-of-kin. The injuries on the female although serious are believed to be non-life-threatening.

The Province Newspaper reported on August 15, 2010:
Police trying to figure out triangle in Surrey stabbing
Citation to: Cheryl Chan, The Province
Published: Sunday, August 15, 2010
A 54-year-old Surrey man has been arrested in a stabbing that left one man dead and a woman seriously injured.

Iqbal Vinepal was taken into custody Friday morning after Surrey RCMP, responding to a 911 call from a house in the 12800-block of 99th Avenue, found him inside, along with a fatally injured 33-year-old man and a 42-year-old woman bleeding from “substantial” stab wounds.

Vinepal’s lawyer Dil Gosal said he expects to find out Monday whether charges will be laid against his client.

“He has been arrested and detained in the investigation on one [possible] charge of murder and one of attempted murder,” said Gosal, who has represented Vinepal in the past.

Gosal said the two victims were at Vinepal’s house drinking when something happened and Vinepal asked two men to leave.

“He was telling them to get out but they wouldn’t leave,” he said. “From what I understand he apparently made a call and contacted police to get the people [to leave.]”

Neighbours said police attended the house Thursday night.

They described Vinepal as an unpredictable man with a temper and a drinking problem.

There have been previous incidents with guns, said one neighbour who didn’t want to be identified.

Cpl. Dale Carr of the Integrated Homicide Investigation Team said police have been called to the house in the past.

Vinepal, who owns a carpet cleaning business, has been charged in the past with assault, careless use of a firearm and unauthorized possession of a firearm. In 2008, an application was filed seeking to prohibit him from owning a firearm or restricted weapon.

On Friday, investigators were waiting to obtain a warrant to search the house to help determine the relationship between the man and the two victims.

“We are trying to see what the relationship is between the person we have in custody, the deceased and the injured person,” said Carr. “We’re still trying to figure out what that triangle is.”

The incident does not appear to have been linked to gangs, drugs or organized crime.

The female victim, who was taken to hospital, is expected to survive. An autopsy for the male victim is scheduled this week.

chchan@theprovince.com

CTV Report on the Incident: href="http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20100817/bc_surrey_murder_charges_100817/20100817?hub=BritishColumbiaHome">Click Here.

Just two glasses of your favourite red at Joe Fortes or Gothams? or sharing a Pitcher of Crisp Cold Molson Canadian with your friends at the pub watching the Canucks Playoff run? Think Again. It can attract serious consequences.

BC Has Introduced News Amendments to the Motor Vehicle Act, RSBC, for dealing with not only Impaired Driving, but even Driving that may not be Impaired Driving, but penalizing On the Spot Drivers who are Not Impaired, but Merely have consumed as little as 1 or 2 alcoholic beverages.

What used to be a “warn”, with a reading of .05 to .010 from a roadside screening device (ASD), or portable breath test (PBT), is no longer a Warning Zone, but comes with the serious consequences including the imposition of a Fine, Instant Driving Prohibition, and vehicle Impoundment.

One policy concern cited by the Solicitor General Release was that it took over 4 days of police time to create the report to Crown Counsel, and deal with evidentiary issues, and attend court for an Impaired Charge.

So now, instead of dealing with the matter through the Presumption of Innocence and through the Courts, where an independent person (The Judge) makes the decision, the Police will simply be allowed to bypass that whole annoying “Due Process” stuff, and impose their sentence right away. The argument of ‘saving officer time’ also doesn’t make a whole lot of sense to me, because 1) the new law is affecting people that are not even Impaired (ie. the person would not have been going to court in the first place); and 2) the Gov’t is in essence saying, “that whole court system with trial rights can be avoided by simply imposing the penalties under a ‘civil/administrative law’ scheme”; and 3) Over 95% of Criminal Cases are “plea bargained” and do not go to trial in any event. This offends the very foundation of procedural law.

Overbroad Legislation?

It may be that this proposed law is, among other things, overly broad in its application, and may be challenged as it may not pass constitutional muster. In other words, the net may be cast so wide, that many citizens who are not remotely impaired will be subject to serious civil consequences, including loss of employment, financial ruin, embarrassment, and fines. It may very well be that the law prohibits much more activity than is necessary to achieve what is a legitimate compelling public/government interest (getting Real DUI Drivers off the Road). An example of an overly broad law is found in Brockett v. Spokane Arcades, Inc., 472 U.S. 491, 105 S. Ct. 2794, 86 L. Ed. 2d 394 (1985), where the US Supremes discuss the application of a Washington State Statute in a setting of apparent lust-inciting materials.

Another potential law that may be overly broad is the recent law SB1070 enacted by the Arizona State Legislature and passed by Gov. Jan Brewer (R) (and supported by Republican John McCain), requires police officers, “when practicable,” to detain people they reasonably suspect are in the country without authorization and to verify their status with federal officials.

Regardless of the issue that Immigration is an exclusive Federal Law Jurisdiction Issue, the issue in Arizona may be that the law is quite overbroad, and may cast such a wide net, that innocent people will be detained by the State, without probable cause, creating a potentially dangerous imbalance between individual and state. Former Bush Attorney General Alberto Gonzales may be detained trying to fill up his car with gas, just for ‘looking illegal’.

BACK TO BC DRIVING LAW:

In the meantime, here is some more information on the new laws. It also empowers law enforcement with possibly to large a degree of discretion with respect to equal application of the law to drivers.

BC Solicitor General Michael de Jong, QC released the news on 27 April 2010, advising that the penalties will curb repeat offenders, and give police “more enforcement tools.” The changes are expected to be implemented in the fall of 2010.

In a press release, he was quoted as saying, “Despite increased enforcement and significant efforts to promote awareness, we’ve begun to see a rise in impaired driving across British Columbia,” said de Jong. “That trend is unacceptable and that’s why we’re bringing in these new laws: to get impaired drivers off the road with clear, swift and severe penalties.”

In memory of Alexa Middelaer, de Jong also announced a provincial goal: to reduce alcohol-impaired driving fatalities by 35 per cent by the end of 2013. Middelaer was four when she was killed by an alleged drunk driver in Delta two years ago.

Under changes to the Motor Vehicle Act (MVA), drivers who provide a failing breath sample above 0.08 per cent BAC or refuse to provide a breath sample at the roadside will face an immediate, 90-day driving ban and a $500 fine. As well, they will have their vehicle impounded for 30 days. They may also face criminal charges.

Drivers caught once in old “warn” range (between .05 and .10 per cent BAC) in a five-year period will face an immediate, three-day driving ban and a $200 fine; a second time, a seven-day ban and a $300 fine; and a third, a 30-day ban and a $400 fine.

In addition, drivers who blow once in the “fail” range, or three times within five years in the “warn” range, will be required to participate in the rehabilitative Responsible Driver Program (about $950 in costs). They must also use an ignition interlock device, which tests a driver’s breath for alcohol every time they operate their vehicle, for one year (about $1,500 in costs).

“B.C.’s measures target impaired drivers more effectively than any Canadian jurisdiction has to date,” said Andrew Murie, CEO of Mothers Against Drunk Driving Canada. “We believe these major, escalating penalties will better support both deterrence and enforcement, save lives and prevent hundreds of injuries each year on B.C.’s roads. We encourage other provinces to study what B.C. is doing and follow its example.”

The new, roadside-issued, 90-day bans mean officers will no longer need to take drivers to the station for a full breath analysis in order to impose a driving ban longer than 24 hours.

“We believe that this new initiative will help all law enforcement officers to apprehend and reduce the number of impaired drivers in our province,” said Insp. Mike Diack of the RCMP’s B.C. Traffic Services. “There are people killed on B.C. highways each year as a direct result of impaired drivers. With additional enforcement powers, our police officers will be better equipped to reduce those casualties. Harm reduction is our number-one priority.”

Immediate, Severe Penalties

Penalties for all impaired drivers will increase. For example, a driver who provides a breath sample in the “fail” range on a roadside screening device (above 0.08 per cent BAC) will face:

• An immediate, 90-day driving ban and a $500 administrative penalty. Currently, a driver who receives a 90-day ban may still drive for three weeks before that ban is in effect, and no administrative penalty applies.
• A driver’s licence reinstatement fee of $250 – up from the current $100.
• A bill of about $700 for towing and 30 days of impoundment. Currently, drivers may get their vehicle back the day after they are caught.
• Mandatory participation in the existing Responsible Driver Program, which costs participants $880, and mandatory use of an ignition interlock device for one year, which currently costs $1,420.
• Thus, one “fail” on a roadside screening device will cost a driver about $3,750 before they can legally operate a vehicle again, following any related suspension.
• The driver may also face an impaired driving charge under the Criminal Code of Canada.

A driver who provides a breath sample in the old “warn” range on a roadside screening device (between 0.05 and 0.08 per cent BAC) for the first time in a five-year period will face:

• A three-day driving ban and a $200 administrative penalty. (Note: these will rise to a seven-day ban and $300 penalty for a second “warn” reading within five years, and a 30-day ban and $400 penalty for a third “warn” reading within five years.) Currently, a 24-hour driving ban is common for a “warn.”
• A driver’s licence reinstatement fee of $250. This is a new cost for this driver, as the current reinstatement fee of $100 only applies to driving bans longer than 24 hours.
• The possibility of three days of vehicle impoundment, which will cost about $150.
• Thus, a driver’s first “warn” will cost about $600 once the new laws are in effect.

Additional Enforcement

Police will have more certain and effective alternatives than the current processes involved in issuing any administrative penalty more serious than a 24-hour driving prohibition. Currently, when a driver’s breath sample registers a “warn,” officers can issue only a 24-hour ban at the roadside, regardless of how many times a driver has been caught in that range. With the changes, officers will be able to revoke driving privileges immediately and for longer periods, with concurrent vehicle impoundment.

APPEALS: WHAT CAN I DO????

Get Legal Counsel Right Away. Even though the appeals are not done by a court, but rather, ICBC Driver Services, through the office of Supt of Motor Vehicles, there may be appealable issues.

Review fees are doubling to $100 for a written review and $200 for an oral review.

YOU STILL HAVE AN APPEAL PROCESS, BUT THE IMPOUNDMENT AND DRIVING SUSPENSION STARTS RIGHT AWAY, SO CONTACT US IMMEDIATELY TO ARRANGE FOR A TIMELY APPEAL.

604.598.1118 DUI ATTORNEY DIL GOSAL.

Chandi Vehicle Accident

As legal counsel for the young Mr. Baldip Singh Chandi, I can say that as the Country celebrates our Olympic accomplishments, 7 families and many friends have been met with tragedy and are suffering.

Mr. Gosal secured Baldip’s release from custody March 1, 2010 at BC Provincial Court Holden at Vancouver. Baldip does not wish to make any statements at this time, other than through counsel, Dil Gosal.

Baldip knew most of the occupants of the vehicle very well, and is going through a lot, as is everyone, and he is seeking grief counseling.

I’ve spoken with the Chandi family; their hearts are heavy. They are hoping and praying for the recovery of the three young people that were injured, and the Chandi family has tried to reach out to some members of the other families who are suffering.

I can confirm that he has been charged with the following offences:

3 counts of impaired operation causing bodily harm; section 255(2) Criminal Code;
2 counts of impaired operation causing death; section 255(3) Criminal Code;
3 count of dangerous driving causing bodily harm; section 249(3) Criminal Code; and
2 counts of dangerous driving causing death; section 249(4) Criminal Code.

For more information, please contact me, Dil Gosal, Barrister, at 604.598.1118.
—

Media Report:
The driver in a collision that left two dead and three hospitalized in B.C. has been charged with 10 criminal driving offences.

Baldip Chandi, 19, faces three counts of impaired operation causing bodily harm, two counts of impaired operation causing death, three counts of dangerous driving causing bodily harm and two counts of dangerous driving causing death.

Seven people were in the vehicle involved in the fatal collision at Willingdon and Still Creek Avenue in Burnaby, B.C.

Two men from New Westminister, B.C., 18 and 19, died.

A 20-year-old man and a 19-year-old woman from New Westminister were left hospitalized in critical condition, along with a 19-year-old woman from Vancouver.

The driver and a 20-year-old woman from Burnaby were the only people in the vehicle to escape the collision unscathed.

Chandi is scheduled to appear in court Monday.

“As the Olympics come to a close and the world is celebrating the senseless loss of these young lives is a solemn reminder to plan ahead for a safe ride home,” said Cpl. Brenda Gresiuk in a statement.

CTV Video Link: Click Here.