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Driving Without Due Care and Attention in British Columbia: What You Need to Know

A person driving a car while holding a coffee cup and a pastry, demonstrating distracted driving behavior.

Driving without due care and attention is a serious offence in British Columbia, carrying significant penalties. This blog post examines the law surrounding this offence, outlines what the Crown must prove to secure a conviction, and discusses potential defences.

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Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t: Search & Seizure of Medical Records

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.

Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t: Search & Seizure of Medical Records Read More »

Important Cases You Need to Know About Distracted Driving in BC

British Columbia’s courts have interpreted and applied the province’s distracted driving legislation in nuanced ways. Examining the leading cases allows people to understand the law as it pertains to the use of electronic devices while driving.

Here are some of the leading cases you need to know if you are facing a distracted driving charge in BC.

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10 Things to Know Before You Pay Your Traffic Ticket Online in BC

Police officer checking a driver's license through the car window during a traffic stop.

Paying a traffic ticket online in British Columbia seems way too simple, but there’s more to it than just making a payment. Here are 10 essential things to consider before you click “pay” on that speeding or traffic violation ticket:

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Understanding and Challenging a 90-Day Administrative Driving Prohibition (ADP)

Close-up of a police officer conducting a breathalyzer test on a driver to check for blood alcohol levels.

If you’ve been charged in British Columbia with driving at or over the legal limit of 0.08 BAC, refusing a breath test, or driving under drug impairment, you’ll likely face a 90-day Administrative Driving Prohibition (ADP). This driving ban is often the first major issue to address in cases of alleged impaired driving. But there’s good news – you can challenge this prohibition, provided you act quickly.

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Reduced Sentence in Dangerous Driving Causing Death: Examining the R v Morgan Case

The R v Morgan, 2024 ABCA 345 case provides valuable insight into the sentencing considerations for dangerous driving causing death in Canada and the factors that can lead to a sentence reduction.

The case involved Johnathan Morgan, who pled guilty to three charges: dangerous operation of a motor vehicle causing death, failure to remain at the scene of an accident, and operating a motor vehicle while prohibited. The trial judge initially sentenced Morgan to a total of eight years imprisonment but, upon appeal, this sentence was reduced to five years.

Examining this case helps illuminate the complexities of sentencing in such cases and highlights the legal principles that guide appellate court decisions.

Reduced Sentence in Dangerous Driving Causing Death: Examining the R v Morgan Case Read More »

Weird and Wacky Wednesdays: Episode 323

As the temperatures drop and winter driving challenges loom, let’s take a break from our usual tales of bizarre crimes and outrageous legal antics to honor those who make a difference daily: bus drivers. This week’s Weird and Wacky Wednesdays highlights bus drivers who didn’t just do their job—they went above and beyond to protect and serve their communities. From rescuing children to putting out fires, these drivers are here to remind us that everyday heroes are out there, rain or shine.

Weird and Wacky Wednesdays: Episode 323 Read More »

A Deeper Look at the Limits of Your Right to Protest

The case of R v Pawlowski, 2024 ABCA 342 explores the boundaries of the right to protest in a democratic society. Artur Pawlowski was convicted of inciting mischief due to a speech he gave during a protest that blocked the Coutts border crossing in Alberta, Canada. This protest was in opposition to COVID-19 public health measures.

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Weird and Wacky Wednesdays: Episode 322

This week on Weird and Wacky Wednesdays, we’re taking a look at the strangest smuggling attempts, where criminals have gotten creative with hiding drugs in everyday foods. From potatoes to avocados, here’s a roundup of how agricultural products are being used to ship drugs across borders—and how authorities keep unearthing these schemes.

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Delay to Trial & Judicial Unavailability: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to another episode of Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

In this episode, Kyla Lee from Acumen Law Corporation explores the case of Brandon McNeil, highlighting critical issues around trial delays and judicial discretion under Jordan principles.

Delay to Trial & Judicial Unavailability: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

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