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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 examines a case involving breathalyzer evidence and procedural fairness in impaired driving prosecutions. In most cases, the Crown relies on a certificate to prove a person’s blood alcohol concentration, which becomes conclusive evidence if properly admitted. However, strict procedural timelines apply. The Crown must provide reasonable notice of its intention to rely on the certificate, and the defence must give 30 days’ notice if seeking to cross-examine the technician or analyst. In this case, the certificate was served only seven days before trial. The Saskatchewan Court of Appeal found this acceptable, and the Supreme Court of Canada declined to hear the appeal.

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

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 examines a case involving unconstitutional strip searches and the appropriate remedy when Charter rights are violated. The case began as a routine traffic stop that escalated into multiple investigations, ultimately leading to the accused being taken into custody and strip searched. At trial, the court found the strip search to be unjustified, unrelated to the investigation, and a serious violation of the accused’s rights, granting a stay of proceedings. The Court of Appeal agreed the search was unconstitutional but overturned the stay, finding that a lesser remedy was appropriate. The Supreme Court of Canada declined to hear the appeal.

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