May 2018

Here are all the Offences in BC’s Cannabis Act

There has been a great deal of discussion about the British Columbia Cannabis Act, but there has not been a solid breakdown of all of the offences under the Act. In an effort to provide a helpful guide, this post summarizes all the offences laid out in the Cannabis Act.

What is particularly interesting about the penalties in the Cannabis Act, is that many of the offences for possession, production, and distribution mimic those in the proposed federal regulations. This would mean that police have the opportunity to charge individuals under the provincial law or the federal law.

Driving Law with Kyla Lee: Episode Six

In Episode Six of Driving Law with Kyla Lee, I sit down with Ian Tootill, founder of SenseBC to discuss traffic safety laws in British Columbia. Ian shares important insight into problems with our speeding, electronic device, and left lane laws. He also offers some insight into the Driver Penalty Point program, and how that could be overhauled to create a more sensible system of keeping track of bad drivers.

But before that, I talk about the Senate of Canada’s vote to remove the random breath testing provisions from Bill C-46, and why that is an important step toward ensuring the constitutional validity of the bill.

Subscribe on iTunes or listen here on Soundcloud.

Kyla Lee in The Fraser Valley News: New Study – More Assistance Needed For Jurors – Before, During And After The Trial

Fraser Valley – Have you ever had the experience of Jury duty?
For many, it’s tedious, boring, long hours and doesn’t pay well at all.
For others, it can be an emotional wrecking ball. Testimony that could break your heart, make you seethe with anger or disgust you with stomach churning details.
A former juror who suffered serious emotional trauma after serving on a jury, had requested a policy change which has led to a comprehensive study and report by the House of Commons Standing Committee on Justice and Human Rights.

Kyla Lee in Global News: RCMP investigating after officer leaves his 4 young children alone in car

Four young children were found left alone in a vehicle in a downtown Vancouver parkade on Wednesday afternoon.
Global BC reporter Rumina Daya was in a parkade beneath the law courts when she heard the muffled sound of a baby crying.

She followed the sound to an SUV and saw four young children — including a baby — inside the vehicle. All the kids appeared to be under the age of seven, Daya said.

There were no adults around and the door to the SUV was unlocked.​

Kyla Lee in The Globe and Mail: Western premiers ask federal government for more help dealing with drug-impaired drivers

Western Canada’s premiers are calling on Ottawa to do more to help their provinces enforce drug-impaired driving laws after the legalization of marijuana this year.

A final communiqué issued on Wednesday at the western premiers meeting in Yellowknife also urged the federal government to expedite the approval of a saliva-screening device so police forces across the country can procure the equipment and train their officers accordingly.

Distracted Driving and Impaired Driving: Is there a lesser of two so-called evils?

An ongoing case recently aired at a small claims court in BC could have wider implications for insurance cases in the province. A driver named Angela Seeley who crashed her car is suing the Insurance Corporation of British Columbia (ICBC) for refusing to honour her insurance claim. ICBC believes Ms. Seeley was impaired at the time of the collision and it alleges she lied by saying she had nothing to drink before it happened. Ms. Seeley agrees her driving was affected leading up to the crash, however, not by drinking but by texting.

This case raises some interesting points about why someone would admit to using their phone while driving but deny having consumed alcohol before driving. What are the differences between driving while impaired and driving while distracted? What are their implications for insurance claims and, crucially, how severely they are punished?

Weird and Wacky Wednesdays

The law is a funny thing. It applies in all sorts of really interesting scenarios, and much of it seems rather straightforward. But sometimes the law can be weird and wacky. Sometimes the law can apply in strange circumstances that do not make much sense at all. Or, the particular facts of a case and be so unusual that they will make you laugh. Or cry. Or both.

For that reason, I’ve started a new weekly blog series called Weird and Wacky Wednesdays. In this series, I will do a roundup of a few cases that are weird, wacky, or otherwise strange and interesting. My hope is to provide a quick summary of the case and a discussion about some interesting legal issues that arise in the case.

So here we go with Round One!

Driving Law with Kyla Lee: Episode Five

On Episode Five of Driving Law with Kyla Lee I sat down with Paul Doroshenko from Acumen Law Corporation. We talked about the changes to ICBC’s Driver Risk Premium, which will increase premiums for drivers who are convicted of any high risk offences. And in the second half of the episode, I spoke with Acumen’s Agnes Tong about how DUI convictions will impact your ability to enter Canada or remain in Canada as a visitor or Permanent Resident.

You can listen here, subscribe on iTunes, and tune in next week for another episode.

Challenging Radar Readings in Traffic Ticket Cases

Challenging a traffic ticket for speeding can be difficult. The evidence that an officer must adduce to show that the measurement of speed was accurate is relatively straightforward. And couple an external speed measurement using laser or radar with a speed estimate from the officer, and only a highly skilled person can succeed in traffic court.

Recently, a BC Provincial Court decision showed just how difficult it can be to succeed in these cases.

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