Kyla Lee

Impaired driving changes could unfairly punish medical cannabis users, lawyers say

Canada’s proposed overhaul of federal impaired driving rules could unfairly criminalize medical cannabis users, according to an open letter to Ottawa signed by more than 50 criminal defence lawyers.

The letter, which warns that medical marijuana users could be unfairly punished under the proposed system, underscores the challenges to preventing high driving. Experts are divided on just how much THC – the principal psychoactive compound of cannabis – would make someone impaired, and the government is still developing a reliable way to conduct a roadside test.

Impaired driving changes could unfairly punish medical cannabis users, lawyers say Read More »

Unpopular Opinion: Allan Schoenborn is a victim, too

Allan Scheonborn was found not criminally responsible on account of mental disorder after killing his three children. (RCMP)
​​In 2008, the small country town of Merritt, British Columbia was rocked when news broke that Allan Schoenborn had stabbed his estranged wife and killed their two children while they slept. He had suffered a psychotic break, and believed that that his children were being sexually assaulted. He killed them, in the horrific, mistaken belief that doing so would somehow save them from the humiliation of the ordeal.

Unpopular Opinion: Allan Schoenborn is a victim, too Read More »

Kyla Lee on Global News: Interview on dangerous driving after cyclist killed in fatal collision

Image by Global News
Lawyer Kyla Lee being interviewed by Grace Ke on Global BC.
​Family members of a cyclist who was killed in Richmond last year are outraged after learning the driver who allegedly ran him down won’t face serious charges.

“I was very confident that he would be criminally charged,” said Lianne Dean, whose son was six cyclists who were struck head-on while riding on River Road last November.

Thirty-three-year-old Brad Dean died, while two other riders were seriously injured.

Kyla Lee on Global News: Interview on dangerous driving after cyclist killed in fatal collision Read More »

What happened to the NDP promise to restore legal aid funding?

Creator: Don Craig | Government Communications Copyright: @2017 Province of British Columbia
BC Attorney General David Eby. (BC Government Photo)
​The Attorney General of British Columbia, David Eby, was recently interviewed by the Vancouver Sun. One of the issues covered in the interview was the question of Legal Aidfunding. During his campaign, Attorney General Eby promised to restore funding to Legal Aid, which is a critical issue in the access to justice sphere.

That has not happened yet.

Unfortunately, Attorney General Eby’s response was less than comforting, particularly for those who cannot get legal aid funding for their criminal matters.

What happened to the NDP promise to restore legal aid funding? Read More »

Kyla Lee on The Province: New distracted driving penalties “a way for the government to line its own pockets”

​The B.C. government’s latest crackdown on distracted driving should be good news for Kyla Lee, a Vancouver defence lawyer who specializes in fighting traffic tickets in court.

That’s because every time the government’s hammer comes down, the calls to her law office go up. It’s happened every time the people in charge have ramped up penalties against drivers using their mobile phones behind the wheel.

Kyla Lee on The Province: New distracted driving penalties “a way for the government to line its own pockets” Read More »

New penalties won’t lead to a decrease in distracted driving in BC

​This week, the Provincial Government announced changes to the distracted driving laws in British Columbia. Again. They are raising the fines and penalties again. If you don’t recall, I wrote about this last year when the fine amounts and penalty points were increased.

Now, the BC Government has decided to increase the penalty again, because drivers aren’t getting the message. This policy, however, actually amounts to a substitution of penalties and will not lead to a decrease in distracted driving overall.

Here’s why.

New penalties won’t lead to a decrease in distracted driving in BC Read More »

Canada’s Bill C-51 compromises sexual assault fair trial rights

Canadian Justice Minister Jody Wilson-Raybould announced Bill C-51 in June 2017 (facebook.com/MPJodyWR)
This last week, Chief Justice of the Supreme Court of Canada Beverley McLachlin waded into the #IBelieveSurvivors debate. She made some startling but important and refreshing comments about the rights of an accused person in a sexual assault trial, and the rights of complainants in sexual assault cases.

Her comments that have been most quoted are these: “no one has the right to a particular verdict.” And she is absolutely right.

However, the Government has proposed a piece of legislation that seems to codify the opposite. With Bill C-51, the Federal Government is trying to make it so that sexual assault complainants are, in essence, guaranteed a verdict unless the defence shows that a sexual assault did not occur.

Canada’s Bill C-51 compromises sexual assault fair trial rights Read More »

The Lost Evidence: 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, we talk about how the courts should deal with issues of “lost evidence” in criminal cases. 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. For more Kyla Lee, follow her on Twitter at twitter.com/IRPlawyer

The Lost Evidence: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t Read More »

What is the solution to problematic sexual assault judgments?

​This week, I was privileged to be a witness at the House of Commons standing committee on justice and human rights, speaking to the Members of Parliament about Bill C-51. Bill C-51 proposes a number of significant and deeply disturbing changes to the sexual assault regime under the Criminal Code.

There’s too much to say about that, so I’ll save my breakdown of the problems for another blog post. But for today, I want to focus on the problem of sexual assault judgments and what can be done to fix it.

What is the solution to problematic sexual assault judgments? Read More »

How do you solve a problem like fentanyl?

Photo by DEA
Not a day goes by when we do not read stories about the carnage that fentanyl is wreaking on our communities. The BC Court of Appeal has issued a stern warning for those who traffic in fentanyl: the starting point for sentencing is a jail sentence in the range of eighteen months. And given the evidence and attention about fentanyl deaths, it’s hard to cry foul at these guidelines.

As a result of the severe consequences of fentanyl trafficking, the BC Government has been repeatedly asked about what they are doing to address the situation. Some have suggested a pro-social approach, enhancing opportunities for rehabilitation for drug users. Others have pointed to studies that have shown that decriminalizing hard drugs actually leads to a decrease in deaths associated to those drugs. Others still think the answer is to arrest all the traffickers, round them up, and throw them in jail.

How do you solve a problem like fentanyl? Read More »

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