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Computer Searches: 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 unpacks a case involving a police search of a computer that raised major privacy concerns. The accused, facing charges related to online conduct, challenged the broad scope of a search conducted on his seized devices. He argued there should be a distinction between the authority to seize a computer and the authority to conduct a full forensic search of its digital contents. The Supreme Court of Canada declined to hear the case.

Computer Searches: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Episode 436: Supreme Court to Hear Impaired Driving Death Case and Mandatory Fines

The Supreme Court of Canada has agreed to hear a major impaired-driving case that could reshape how “causing death” offences are applied. In Episode 436 of Driving Law, Kyla Lee and Paul Doroshenko explain why the decision matters.

Episode 436: Supreme Court to Hear Impaired Driving Death Case and Mandatory Fines Read More »

Impaired Driving Update – BC Edition: Volume 7

Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.

Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.

What’s inside:

  • Impaired Driving Defence Tip
  • IRP Decision of the Week
  • DUI Decision of the Week
  • Kyla’s Insight

Impaired Driving Update – BC Edition: Volume 7 Read More »

Weird and Wacky Wednesdays: Volume 382

This week on Weird and Wacky Wednesdays: Greed and evidence

Greed is one of those things we look at as a motive. With most of my files, there is no motive. My clients may be investigated or charged with a drinking-driving offence, and I suppose the motive might be to get home, but typically the issue is either a simple mistake, a substance abuse problem, or an innocent person wrongly accused. I always think the moral culpability of people who are motivated by greed is somehow the most offensive. Jealousy can be somewhat understandable, but greed is just a high level of selfishness. 

This week, we are looking at three weird and wacky cases where police officers found themselves facing criminal charges because of greed. 

Weird and Wacky Wednesdays: Volume 382 Read More »

Navigating Deepfake Allegations in Court

The rapid rise of generative AI has introduced a new challenge for the Canadian legal system: the deepfake. In the recent decision of R. v. Medow, the court conducted a seminal analysis of how courts must address allegations of manipulated digital evidence. This case is a blueprint for judges navigating the murky waters of AI-generated content in criminal trials.

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Mandatory Alcohol Screening: 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 explores a case out of Saskatchewan that challenged the constitutionality of mandatory alcohol screening. After being required to provide a breath sample without any suspicion of impairment, the accused argued that this random breath testing violated Charter rights. The Saskatchewan Court of Appeal was split on the decision, with one judge finding the law unconstitutional. Despite the national impact of mandatory screening, the Supreme Court of Canada refused to hear the case.

Mandatory Alcohol Screening: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Episode 435: Supreme Court Ends Mandatory Breath Test Challenge & Police Surveillance Concerns

The Supreme Court of Canada has declined to hear the Charter challenge to mandatory roadside breath testing, bringing a major legal battle to an end. In Episode 435 of Driving Law, Kyla Lee and Paul Doroshenko break down what happened — and what comes next.

Episode 435: Supreme Court Ends Mandatory Breath Test Challenge & Police Surveillance Concerns Read More »

Impaired Driving Update – BC Edition: Volume 6

Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.

Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.

What’s inside:

  • Immediate Roadside Prohibition Review Tips
  • Decision of the Week
  • Legislative Update from Parliament
  • Kyla’s Insight

Impaired Driving Update – BC Edition: Volume 6 Read More »

Weird and Wacky Wednesdays: Volume 381

This week on Weird and Wacky Wednesdays: Fly sober or get pulled over

I love to fly and I am very thankful to our national air carrier for treating me so well over the years. I wouldn’t call myself a nervous flyer. I also really like these shows where investigators forensically analyze air crashes. So every time I fly and I hear the sober voice of the pilot coming on, I am reassured that I will safely reach my destination on a relaxing flight. But of course there are tens of thousands of airplanes flying every day and occasionally the voice of the pilot is not a sober voice.

This week on Weird and Wacky Wednesdays we’re going to look at two recent cases where, thankfully, authorities figured out the pilot wasn’t sober before the plane took off, and then a third where we get to see what happens when there is an impaired pilot on the flight deck mid-flight. 

Weird and Wacky Wednesdays: Volume 381 Read More »

Your Right to Silence in Police Investigations

Woman in sunglasses sitting in a car, holding up her driver's license while a police officer in uniform writes a ticket outside her window.

If you remember one phrase when dealing with the police, it should be this: “lawyer told me not to talk to you.” That line is more than a meme or a slogan. It captures a core legal protection that exists to shield ordinary people from accidentally harming themselves during police investigations.

Understanding your right to silence can make the difference between protecting yourself and creating evidence the police did not already have.

Your Right to Silence in Police Investigations Read More »

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