Month: December 2017
In May of this year, the federal government announced a forthcoming amendment to the Criminal Code for impaired driving offences, which, in the advent of 2018’s legalization of marijuana (Bill C-45), includes a new legal limit for drug offences and mandatory drug screening. The first part of Bill C-46 adds new sections for driving under the influence of drugs, while the second part proposes reform for the entire Criminal Code transportation regime.
Supporters of the amendment believe it will reduce the number of impaired driving charges across Canada, while critics argue that it will put more impaired drivers in court, resulting in a greater burden on the justice system.
There are often times when the law says one thing while police officers think another. And one of the more common examples in British Columbia would be the enforcement of the driving privileges of foreigners studying in BC.
BC’s Motor Vehicle Act allows exemptions for those who carry a valid driver’s licence from their home country, and who are also attending a valid educational institution. As long as that criteria is met, the only requirement is that those who hold foreign licences produce their licence if a police officer demands it.
Acumen Law’s Kyla Lee says accused drivers are subject to a process they aren’t even aware exists and don’t take part in, where a police officer’s word is god, and zero records are kept.
Starting next July Canada’s marijuana market will be very different indeed. The province answered a few of the questions around selling recreational pot on Dec. 5, including where it will be sold and to whom. But one remaining question is how to keep the roads safe and drivers sober?
Acumen lawyer Kyla Lee answers this question in her interview on CBC:
The CounterAttack roadbock season began once again for British Columbians on Dec. 1. This is the time of year when police officers across the province log overtime hours to set up a series of roadblocks and checkpoints with the aim of catching impaired drivers.
This CounterAttack program has a lengthy history in BC, dating back four decades when it began in 1977. The funding for the program inevitably comes from a combination of provincial funding, ICBC, and operational money from police departments themselves.
CKNW: You wrote about this on your blog and raised many points of issues you have with this … what is your concern with what the government has announced?
Earlier this week the provincial government announced it was cracking down on dangerous drivers which could see those caught street racing lose their driving privileges for up to three years and not just a few days.
In September, all charges against a man and a woman charged as part of a raid on a clandestine drug lab were dismissed after judge ruled that Vancouver police had wilfully and flagrantly violated their Charter rights, numerous times during the investigation.
These violations included withholding Shu Tshung Wong and Lena Truong’s access to a lawyer for six hours, multiple incidents of unreasonable search and seizure, unlawfully holding one of the accused in custody for 14 hours, among other breaches of their rights.