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Tying a phone to your steering wheel? You’re following the law — to the letter

Vancouver police gave this driver a $81 ticket for failing to produce a drivers licence, but not a distracted driving one. (Vancouver Police Department Photo)
​The Vancouver Police Department has sparked controversy online by posting about a driver who had his iPad and iPhone mounted to his steering wheel using string. A clever trick to get around the distracted driving laws, but one that the police officer who pulled him over frowned upon. Since they posted the tweet and photographed that revealed the funny details of this traffic stop, a huge debate has erupted online over what penalty this driver should have faced.

The police let him go with an $81 ticket for not producing a license, and a warning about the cell phone mounting system.

Here are my thoughts on whether this is actually an offence.

Tying a phone to your steering wheel? You’re following the law — to the letter Read More »

“Inevitable” legal challenge coming for Alberta’s new licence suspension scheme

Alberta Premier Rachel Notley. (Alberta Government Photo)
​This week, Alberta unveiled its proposal for fixing their administrative license suspension law. The Alberta law was declared unconstitutional earlier this year, and the province was given one year to write a new version. Yesterday, they introduced the new version.

Bill 29 creates a new regime to deal with the problem of alcohol and drug-impaired driving but, in my view, does not cure the constitutional defects inherent in the legislation.
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“Inevitable” legal challenge coming for Alberta’s new licence suspension scheme 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 »

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 »

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 »

Changing the Evidence to Change the Outcome

A few weeks ago, I wrote about how the Alco-Sensor FST manual was changed to support a certain unscientific and inaccurate belief about mouth temperature. My concern with any of this is, of course, the fairness of the Immediate Roadside Prohibition review process and whether drivers are given a reasonable opportunity to challenge the apparent results of their breath tests.

Sadly, today I learned of yet another change the Superintendent of Motor Vehicles has made to make the review process less effective and fair to drivers. I have to say, sometimes participating in this review process is like attempting to play a chess match with Death, except Death can change the rules of the game at any point.

Changing the Evidence to Change the Outcome Read More »

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