Kyla Lee

Immediate Roadside Prohibitions unfairly punish the innocent

​In doing a large number of IRP Judicial Review cases, I get a good sense of the overall fairness of the scheme. The issue is not just one of procedural fairness – a legal term of art – but one of the visceral, very real fairness.  And although we in the business of the justice system like to talk about fairness in justice, the sad reality is that often there are situations of real unfairness that cannot be remedied.

Immediate Roadside Prohibitions unfairly punish the innocent Read More »

Is marijuana-impaired driving really a crisis? I say not.

The promise of legal marijuana by July 1, 2018 appears to have gone up in a puff of smoke. The federal government has manufactured a crisis of drug-impaired driving that has led to the delay in the implementation of the Liberal government’s promise to legalize recreational marijuana.

I say “manufactured” because the crisis upon which they are relying to delay this does not exist.

Is marijuana-impaired driving really a crisis? I say not. Read More »

Kyla Lee interviewed on Global News at 6: former RCMP inspector found not guilty of sex assault

(photo by The Canadian Press from 2017)

 

Former RCMP Insp. Tim Shields has been found not guilty of sexual assault teh charges in connection with an incident involving a civilian employee.
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That a sexual encounter occurred was acknowledged. The issue was whether it was consensual. She said it wasn’t Shields said it was.
…

Kyla Lee interviewed on Global News at 6: former RCMP inspector found not guilty of sex assaultRead More »

Kyla Lee interviewed on Global News at 6: former RCMP inspector found not guilty of sex assault Read More »

ICBC needs to clarify requirements for foreign driver’s licences

An example of a foreign driver’s licence that’s valid in British Columbia. (CBC. April 24, 2014)

​There are often times when the law says one thing while police officers think another. And one of the more common examples in British Columbia would be the enforcement of the driving privileges of foreigners studying in BC.

BC’s Motor Vehicle Act allows exemptions for those who carry a valid driver’s licence from their home country, and who are also attending a valid educational institution. As long as that criteria is met, the only requirement is that those who hold foreign licences produce their licence if a police officer demands it.

ICBC needs to clarify requirements for foreign driver’s licences Read More »

Kyla Lee quoted on Drug & Alcohol Testing Association of Canada

​In May of this year, the federal government announced a forthcoming amendment to the Criminal Code for impaired driving offences, which, in the advent of 2018’s legalization of marijuana (Bill C-45), includes a new legal limit for drug offences and mandatory drug screening. The first part of Bill C-46 adds new sections for driving under the influence of drugs, while the second part proposes reform for the entire Criminal Code transportation regime.

Supporters of the amendment believe it will reduce the number of impaired driving charges across Canada, while critics argue that it will put more impaired drivers in court, resulting in a greater burden on the justice system.

Kyla Lee quoted on Drug & Alcohol Testing Association of Canada Read More »

Kyla Lee on 610AM: Provincial Crackdown on Street Racing and Stunt Driving Misleading

​As the provincial government casts itself as getting tough on street racers and stunt drivers one lawyer says what they are really doing is covering their legal butt.

Acumen Law’s Kyla Lee says accused drivers are subject to a process they aren’t even aware exists and don’t take part in, where a police officer’s word is god, and zero records are kept.

Kyla Lee on 610AM: Provincial Crackdown on Street Racing and Stunt Driving Misleading Read More »

BC has stiffer drunk driving penalties, but little money for enforcement

(image from ICBC)

The CounterAttack roadblock season began once again for British Columbians on Dec. 1. This is the time of year when police officers across the province log overtime hours to set up a series of roadblocks and checkpoints with the aim of catching impaired drivers.
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This CounterAttack program has a lengthy history in BC, dating back four decades when it began in 1977. The funding for the program inevitably comes from a combination of provincial funding, ICBC, and operational money from police departments themselves.

BC has stiffer drunk driving penalties, but little money for enforcement Read More »

Kyla Lee interviewed on CBC The Early Edition

Starting next July Canada’s marijuana market will be very different indeed. The province answered a few of the questions around selling recreational pot on Dec. 5, including where it will be sold and to whom. But one remaining question is how to keep the roads safe and drivers sober?

Acumen lawyer Kyla Lee answers this question in her interview on CBC:

Kyla Lee interviewed on CBC The Early Edition Read More »

New Rules About Street Racing Misleading Says Lawyer — CKNW AM980

The prohibitions for street racing and stunt driving in BC have been significantly extended in an effort to combat these driving offences. At first blush, it looks like the penalties are a step in the right direction, but Vancouver lawyer Kyla Lee has some concerns.

CKNW: You wrote about this on your blog and raised many points of issues you have with this … what is your concern with what the government has announced?

New Rules About Street Racing Misleading Says Lawyer — CKNW AM980 Read More »

More judges should urge police to comply with Charter rights

By Marc Lostracci – originally posted to Flickr as Every Canadian Needs A Copy, CC BY 2.0,

In September, all charges against a man and a woman charged as part of a raid on a clandestine drug lab were dismissed after judge ruled that Vancouver police had wilfully and flagrantly violated their Charter rights, numerous times during the investigation.
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These violations included withholding Shu Tshung Wong and Lena Truong’s access to a lawyer for six hours, multiple incidents of unreasonable search and seizure, unlawfully holding one of the accused in custody for 14 hours, among other breaches of their rights.

More judges should urge police to comply with Charter rights Read More »

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