October 2024

Weird and Wacky Wednesdays: Episode 321

We all love a good meal out. Surprisingly, it’s not uncommon for restaurants to serve drugs as well as food. This week’s Weird and Wacky Wednesdays is all about how some restaurant operators got caught up in criminal activity and another restaurant owner who was wrongly arrested, perhaps because the police are starting to think restaurants are a front for crime. Let’s dive into the latest oddities in the world of dealing and dining.

Weird and Wacky Wednesdays: Episode 321 Read More »

Circumstantial Evidence & Sexual Assault: 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!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a crucial case involving circumstantial evidence in a sexual assault trial, highlighting issues surrounding consent and the evidentiary standards for intoxication.

Circumstantial Evidence & Sexual Assault: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Big Blood Testing News

Forensic lab scene with BD Vacutainer® tubes on a lab counter, gloved hands holding a tube for blood testing DUI and analysis

The company that manufactures the approved tubes for blood collection in Canada has made some massive changes to their blood tubes. This will undoubtedly have an impact on DUI cases in Canada.

BD Life Sciences has made several changes to its Vacutainer® Fluoride Blood Collection Tubes. The company has received FDA clearance in the United States for an expanded indication for use, which now includes lactate testing for the Sodium Fluoride/KOx tube. This is the grey-stoppered forensic tube, used to collect blood samples for drug and alcohol analysis in DUI cases.

The changes do not impact the design, form, or fit of the products. But they do impact the laws and regulations that apply to blood drug and alcohol testing in Canada.

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Challenging Speeding Tickets When Laser or Radar Were Used to Measure Your Speed

Close-up of a police officer holding a RADAR gun by the roadside with blurred cars passing by in the background, capturing the act of speed measurement. Speeding tickets laser radar

For people who receive a speeding ticket, it can feel like an overwhelming process. Many people fall under the misconception that if the officer used laser or RADAR to measure their speed, there are no defences. Police tend to hold these devices out as exact, unchallengeable, and perfect instruments for measuring speed.

Even if that were true (and it’s not) that does not mean the evidence of the result, or its degree of accuracy, is automatically admissible in court.

As a criminal defence lawyer who has handled thousands of traffic ticket cases, I have seen cases where the speed reading was found not to be credible, reliable, or admissible. A recent BC Supreme Court case adds a layer of complexity to the ability of police to prove the speed reading is accurate and the margin of error.

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Weird and Wacky Wednesdays: Volume 320

landscape scene combining three distinct elements_ a police badge next to broken liquor bottles, a refrigerated truck spilling large blocks of cheddar

You’d think that the people we rely on to enforce the law would set a higher standard for morality, but this week’s Weird and Wacky shows us that police officers are no more immune to temptation than anyone else. Whether it’s stealing cheddar—both the money kind and the literal cheese kind—these stories remind us that officers, too, have desires to have more, and sometimes, they take it too far.

Weird and Wacky Wednesdays: Volume 320 Read More »

Kyla on Law 360: SCC rules driving bans not available for sentencing criminal negligence causing death or bodily harm

In a ruling that may impact an unknown number of existing and expired driving prohibitions, the Supreme Court of Canada has ruled 5-4 that since Criminal Code changes (Bill C-46) went into effect on Dec. 18, 2018, sentencing judges no longer had the discretion to impose driving bans for the offences of criminal negligence causing death or bodily harm.

Kyla on Law 360: SCC rules driving bans not available for sentencing criminal negligence causing death or bodily harm Read More »

Liability in Auto Accidents: 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!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a significant case involving liability in auto accidents that raises critical questions about ownership and consent.

Liability in Auto Accidents: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Kyla in TriCity News: ‘A valid way to get around’: Coquitlam man hopes traffic ticket battle will help legalize powered micromobility devices

A Coquitlam man is hoping his battle against a ticket he recently received while riding his motorized skateboard might spark a change in the law to make such micromobility devices legal.

But a Vancouver lawyer who specializes in cases involving the Motor Vehicle Act says it could be an uphill fight.

Kyla in TriCity News: ‘A valid way to get around’: Coquitlam man hopes traffic ticket battle will help legalize powered micromobility devices Read More »

Kyla Lee on CBC’s On The Coast: Soapbox Social: Last check-in before B.C. election day

Our Soapbox Social panel, podcast host Mo Amir and Vancouver criminal lawyer Kyla Lee, speak with Gloria Macarenko about the week’s top stories.

“It feels like a mix between desperation and complacency. The desperation we’re really feeling from the NDP, they’re capitulating on a lot of things that they stood up for over the last several years when they were in government… And then you see the complacency of the Conservatives often not showing up to interviews or showing up to debates. And that feels like they’re not even putting in the effort…”

Kyla Lee on CBC’s On The Coast: Soapbox Social: Last check-in before B.C. election day Read More »

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