April 2018

Kyla Lee: “One of the leading lawyers” regarding marijuana laws

In spite of trail-blazing by several U.S. states, Solicitor General Mike Farnworth seems intent on turning B.C.’s journey to cannabis legalization — a bright future of jobs, tax windfalls and the end of pernicious prosecutions — from a good trip into a bummer.

The sprawling omnibus legislation the top cop tabled Thursday in the legislature continued the mishandling by both senior levels of government of the transition from nearly a century of enforcing a criminal prohibition to a marijuana-friendly economy.

A new perspective: Why you should vote for me for bencher on the Law Society of British Columbia

Voting for the Bencher by-election is underway and if you’re planning to cast your ballot this weekend you have a decision to make about which direction The Law Society should take. You can go for more of the same. Or, you can choose to bring a fresh voice to the Law Society who cares about the needs of all lawyers.

As a relatively young member of the bar, I will ensure all lawyers are well-represented at Bencher meetings. I aim to affect real change by bringing my unique perspective and experiences as a young criminal defence lawyer.

Changes to BC’s Motor Vehicle Laws for Cannabis Explained

This morning, the Provincial Government finally unveiled its regulatory framework for dealing with the issue of marijuana-impaired driving, come legalization of recreational cannabis. The purpose of this blog post is to explain the changes to BC’s Motor Vehicle Act that are being proposed to deal with cannabis legalization. And, as usual, to offer my opinion on why these changes are not appropriate or effective.

Kyla Lee on Local First News: Thousands of 24 hour driving prohibitions may now be overturned

The BC Supreme Court has ruled today that police officers can only issue 24 hour drug impaired driving prohibitions at the roadside and nowhere else.
“It has the potential to have 24 hour prohibitions removed from thousands of people’s driving record.”
Acumen Law’s Kyla Lee says it all stems from a ruling today.

Kyla Lee on The Lynda Steele Show: A court ruling today could lead to thousands of 24 hour driving prohibitions being voided

A court ruling today could lead to the quashing of thousands of 24 hour drug impaired driving prohibitions. BC’s Supreme Court has ruled that police officers cannot introduce 24 hour prohibitions for drugs to drivers at police stations – or anywhere else that’s not at the roadside.

Kyla Lee said: “It’s a ruling related to 24 hour prohibitions for drugs which are often issued in the cases of cannabis impaired driving. It essentially limits the authority of police officers to issue them to only at the roadside. Typically what we’ve been seeing is that police officers will do their roadside investigation, arrest a person, take them back to the detachment for further testing and on completion of that testing, give them the prohibition. The court ruled today that that’s not lawful.”

Listen to the full interview here.

Adding Penalties to a Ticket After the Fact

One very troubling suggestion by the BC Government recently was the notion that traffic ticket convictions on the driving record would soon come with increased consequences to insurance. They plan to be adding penalties to a ticket after the fact. But not only are those going to affect tickets that are issued after the changes come into effect, the word on the street is that the insurance-related consequences will be assessed to tickets that have previously been added to a person’s record.

This is highly problematic, and may verge on being unconstitutional.

Kyla Lee Interviewed on Global News: Province to crack down on ‘deadbeat’ parents

The B.C. government has introduced new legislation that would allow ICBC to cancel the driver’s licence of someone who owes more than $3,000 in child support payments.

Currently, the Family Maintenance Enforcement Program (FMEP) can ask ICBC to refuse to issue or renew a driver’s licence of someone with substantial arrears.

The FMEP will only cancel licences if someone is ignoring requests to pay support payments or set up a payment plan.

Should Traffic Tickets Affect Your Insurance Rates?

Last week, British Columbia’s Attorney General, David Eby, gave remarks that suggest the government is contemplating traffic tickets resulting in an increase in insurance rates. The Attorney General cites a survey, conducted by the Provincial Government, which found that there was overwhelming support for the idea that high risk drivers should pay more for their insurance.

At first blush, having a traffic ticket affect your insurance rates may seem like a step in the right direction toward solving ICBC’s financial problems and promoting road safety, but this idea is deeply flawed in several respects. Here’s why.

Introducing Driving Law! A New Podcast

A short while ago, I was thinking about how driving-related cases, impaired driving or driving while prohibited or Immediate Roadside Prohibitions, or whatever the case may be actually drive the law. Driving law drives the development of the law. And so I decided to create a podcast that focuses on this issue, and ways in which driving law is driving change in other areas of the law.

Today, I released the first episode. I hope everyone takes a listen.

On the first episode we discuss Bill C-75 and its very sneaky changes to impaired driving law, saliva testing for marijuana impairment, and distracted driving penalties.

“Don’t use saliva testing to prove or disprove impaired driving from cannabis: lawyer”

How do you effectively test if someone is impaired when it comes to marijuana?  This is a question that needs to be answered ahead of legalization but with legalization only a few months away.  One of the things that is being floated as a potential idea is saliva tests taken from drivers to detect the presence of drugs.  Our next guest says that this will not work.

Kyla Lee said: “My biggest concern around saliva testing is that the pilot projects that have been done both by the federal government and the Canadian Society of Forensic Science have not found that these devices should be used to impose significant administrative sanctions. 

“The Canadian Society of Forensic Science actually recommended not to use them except to impose very short term consequences because they don’t show a level of impairment and because there is a bout a 7% rate of false positives.”

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