January 2020

Kyla in 660 City News: Calgary police to expand use of breathalyzer tests

Moving forward, every single driver stopped by police in Calgary can expect to blow a breathalyzer test.

Since December 2018, police in Canada have been able to demand preliminary samples without reasonable suspicion that drivers have alcohol in their bodies.

Calgary police have taken more than 15,600 samples since the force started mandatory checks more than a year ago. Those have resulted in 142 Criminal Code charges and 359 provincial sanctions.

“Knowing that there have been constitutional challenges filed in this country, to that law, its very brazen and I am surprised to see it,” Vancouver-based impaired driving lawyer Kyla Lee said.

My Thoughts on the Uber and Surrey

Uber has launched a lawsuit against the City of Surrey to prevent it from issuing bylaw tickets to drivers who are caught operating a ride sharing vehicle without a business license. I have previously written for Vancouver Is Awesome on the interesting legal quandary raised by this decision.

In this blog post, I am going to address some of my thoughts about the Uber lawsuit against Surrey and whether the injunction could be granted. I will also address some of the complaints about the conduct of the bylaw officers amounting to entrapment.

Kyla Lee on CKNW

Kyla Lee says @Uber will be unsuccessful in their injunction to stop Surrey Mayor Doug McCallum’s plan to ticket Uber drivers.

Watch here.

Kyla in Red Deer Advocate: ‘Taking the lead:’ Calgary police expanding mandatory drunk-driving checks

Police say all drivers in Calgary can expect a breath test if they are pulled over or go through a checkstop — an approach an anti-drunk-driving group wants forces elsewhere to follow, but one that defence lawyers warn is rife with constitutional pitfalls.

Since December 2018, when new federal impaired driving legislation took effect, police in Canada have been able to demand preliminary roadside samples without reasonable suspicion that drivers have been drinking.

Kyla Lee, a Vancouver-based impaired driving lawyer, said rights to counsel and to be free from arbitrary detention are also at issue.

Lee said she’s not aware of any other police departments touting stepped-up mandatory alcohol testing measures.

“Knowing that there have been several constitutional challenges filed in this country to that law, it’s very brazen and I am surprised to see it.”

Read more here.

Weird and Wacky Wednesdays: Volume Eighty Seven

This week on Weird and Wacky Wednesdays, we learn about the greatest cannabis legalization hero of our time. Then, we look at what not to do if you miss your flight and how not to have a super privileged freakout at an airport. Finally, we learn from a foolish mistake made by a man with some unlawful content on his computer.

Follow the jump to learn more about this week’s weirdest and wackiest legal cases from around the globe.

Kyla on News 1130: Uber driver fined $500 for ‘fake’ passenger pickup in Surrey

An Uber driver suggests he was lured into picking up a customer in Surrey only to find bylaw officers instead.

As the driver was waiting for his passenger at a liquor store, he says six bylaw officers approached his car at 74th Avenue and King George Boulevard.

Lawyer Kyla Lee explains there’s an exception that’s allowing Uber drivers to be targeted.

“Any officer who has stopped the driver of a vehicle can demand the driver produce identification so that is how they are getting around it,” he says. “They wouldn’t otherwise have that power to require identification in a bylaw case.”

Some other cities have the same exceptions but Lee says this is an unprecedented use of those powers.

“It opens the doors for charter challenges for the information that was obtained,” Lee says. “For people to say this was an abuse of power, the bylaw goes too far.”

She says drivers could challenge it as a privacy violation, but believes the court would probably side with the city.

Read more here.

Can You Fail a Breathalyzer with Monster Energy?

In the second of our series of experiments about energy drinks, we take a look at a new product. This time we find out, can you fail a breathalyzer with Monster Energy drink?

Last time on Can You Fail It we tried out Red Bull in the name of science. We are trying to see if any energy drinks can give a false reading on an approved screening device (ASD).

Removing Judges From Office: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses removing judges from office and the constitutional principle of judicial independence.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

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