Month: April 2021

Deemed Conviction for a violation ticket

You can get a deemed conviction for missing a deadline

Congratulations to Ana Chamgoulova on successfully overturning a deemed conviction for her client. Ana is an articled student at Acumen Law Corporation and she argued at the BC Supreme Court that a judicial justice unfairly denied her client, Aldo Junior Danny Grossi, an extension to dispute a violation ticket.

I commend Ana on a job well done and the facts of this case serve as a lesson on the importance of fully explaining yourself in an application to appeal a deemed conviction.

Weird and Wacky Wednesdays: Volume 149

This week on Weird and Wacky Wednesdays, we have a cautionary tale for anyone with VHS tapes they never returned. Then we look at an inventive way to smuggle drugs. Finally, we have a proud mozzarella fan looking to protect the cheese from imitations that don’t cut it.

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

Kyla in The Guelph Mercury Tribune: Here’s how B.C. plans to keep people from travelling outside their health regions

B.C.’s Minister of Public Safety and Solicitor General has announced a legal order to restrict travel of people outside their own health regions.

“We need to work together to get through the coming weeks. For now, we have to hunker down and stay local,” Minister Mike Farnworth said at a Friday press conference.

Kyla Lee, a Vancouver-based defence lawyer specializing in driving and traffic stops, says the government should immediately provide clarification on the documentation that would be required, and the permissible scope of questioning that police are going to have.

“How far can (police) go, or are there going to be limits?” she told the Star.

Read the full story here.

Kyla on CTV News: Lawyers say B.C.’s COVID-19 travel roadblocks might discriminate, will be challenged in court

Details of B.C.’s new plans to restrict travel within the province won’t be announced until Friday, but lawyers are already predicting that it will spell trouble.

The new order will give police the power to conduct COVID-19 road blocks aimed at curbing travel between health regions, and civil rights and criminal lawyers are saying that aspects of it are likely to be challenged in court.

Lee expects she will hear from British Columbians who are issued fines for crossing health region boundaries.

“Everybody who is getting a ticket for this I think will seriously consider fighting it, and I think a lot of people will.”

Watch the full news story here.

Kyla in The Vancouver Sun: COVID-19: B.C. announces travel restrictions, lowers eligible age for AstraZeneca vaccine

B.C. Premier John Horgan on Monday announced sweeping new travel restrictions that prohibit people from travelling outside their health authority to stop the spread of COVID-19.

Vancouver lawyer Kyla Lee said police would have the power to question people on where they are going, creating an obligation for people to answer.

“That raises important questions about your right to silence,” Lee said.

“If you are compelled to provide information to police, in an accident for example, under our system of law those statements that you make can’t be used as evidence against you.

Read the full story here.

How fair is an unnecessary noise ticket in BC?

Exhausts can get an unnecessary noise ticket in bc

Spring is in full swing which means it’s prime time for motorcycles and sports cars on the roads. Unfortunately, this also means it’s peak time to get an unnecessary noise ticket in BC.

While the law gives police the power to hand out tickets to excessively loud drivers. But exactly how loud is too loud? And how do officers measure the noise coming from your vehicle?

Weird and Wacky Wednesdays: Volume 148

This week on Weird and Wacky Wednesdays, we look at one way to get a mistrial or disqualify a bunch of judges. Then we look at certain uses that were not contemplated for a Tickle Me Elmo doll. Finally, we think about all the times we were frustrated while waiting in a drive-thru and feel thankful that at least we had more common sense than one woman.

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

Weird and Wacky Wednesdays: Volume 147

This week on Weird and Wacky Wednesdays, we look at three cases of unusual legal antics. The first involved a lawsuit over a literal house of lies. Then, we look at why you should always assume that the police are recording you — especially when you are actually in a police station. Finally, we examine a failed excuse for drug possession that was pretty darn creative.

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

Roadside cannabis impairment tests unreliable according to study

cannabis impairment tests might be unreliable

There is new evidence that the current cannabis impairment tests in Canada are unreliable. This is according to an article by the Department of Justice’s National Institute of Justice (NIJ) in the United States.

Police in this country have two ways to test for cannabis-impaired drivers: testing bodily fluids for THC and standardised field sobriety tests (SFST). The NIJ’s study determined that both SFSTs and THC levels in biofluids are unreliable indicia of impairment.

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