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Consultation with First Nations: 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 discusses a case involving the Huron-Wendat First Nation and the Canadian government’s constitutional duty to consult. While the Nation’s main application—arguing they were not adequately consulted on a development project—was waiting to be heard in Superior Court, the government attempted to move forward with the project. The Huron-Wendat First Nation sought an interim stay to pause the project until the issue of consultation could be resolved. The court refused, and the Supreme Court of Canada declined to hear the case. This decision raises serious concerns about how Canada’s duty to consult is respected—or disregarded—in practice.

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Consultation with First Nations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Consultation with First Nations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

How Long is Ignition Interlock Required in BC?

Man using an ignition interlock device in his car

In British Columbia, an ignition interlock device (Ignition Interlock) is often required for individuals convicted of impaired driving or other alcohol-related incidents that have been added to their driving records. These can include 24-hour driving prohibitions, Administrative Driving Prohibitions, and Immediate Roadside Prohibitions. 

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How Long is Ignition Interlock Required in BC?Read More »

How Long is Ignition Interlock Required in BC? Read More »

Episode 414: Celsius Confusion, Broken Ribs, and the Stuck RCMP SUV

This week on Driving Law, Kyla Lee and Paul Doroshenko dive into the surprising intersections of beverage labeling errors, breath testing failures, and an RCMP SUV that’s gone viral for all the wrong reasons. Episode 414 covers the legal implications of accidental intoxication, systemic flaws in Canada’s roadside prohibition system, and a moment of pure embarrassment caught on camera. Here’s what you need to know.

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Episode 414: Celsius Confusion, Broken Ribs, and the Stuck RCMP SUVRead More »

Episode 414: Celsius Confusion, Broken Ribs, and the Stuck RCMP SUV Read More »

Plead Guilty to a Traffic Ticket and Now Regretting it? This Case May Help You. 

Police officer writing a traffic ticket on a clipboard beside a car window.

A recent decision by the Court of Appeal for British Columbia in R. v. Dancho, 2025 BCCA 258, has granted leave to appeal in a case challenging a traffic ticket. This case raises important issues that affect applications to withdraw guilty pleas in traffic ticket cases. 

The Court of Appeal Grants Leave in a Traffic Ticket Case

In Mr. Dancho’s case, the BC Supreme Court dismissed his application to extend time for filing a notice of appeal of his traffic ticket guilty plea. This came after Mr. Dancho realized the ticket had penalty points only after receiving an invoice for the Driver Risk Premium in the mail. Mr. Dancho had pled guilty in order to request a fine reduction because he had a limited income. 

The Court of Appeal granted leave because Mr. Dancho raised arguable issues that the BC Supreme Court judge misapprehended applicable legal standards, leading to errors of law. Specifically, he raised concerns about the BC Supreme Court judge’s assessment of setting aside the guilty plea. These included that she had applied an incorrect legal standard. 

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Plead Guilty to a Traffic Ticket and Now Regretting it? This Case May Help You. Read More »

Plead Guilty to a Traffic Ticket and Now Regretting it? This Case May Help You.  Read More »

Weird and Wacky Wednesdays: Volume 360

This week on Weird and Wacky Wednesdays: When Drinks Go Wrong

This week on Weird and Wacky Wednesdays, I am looking at three stories from the world of alcohol that show just how important care and accuracy are in brewing and distilling. As some of you know, I am part owner of a distillery, so these issues are never far from my mind. They remind me how quickly something can go wrong, and how the consequences can extend far beyond the brewery or distillery itself.

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Weird and Wacky Wednesdays: Volume 360Read More »

Weird and Wacky Wednesdays: Volume 360 Read More »

Understanding Hit and Run Offences in Canada

Police roadblock at night with cars stopped, officers in discussion, and bright lights reflecting off wet pavement.

In Canada, failing to remain at the scene of an accident, commonly referred to as a “hit and run,” is a serious criminal offence under section 320.16 of the Criminal Code. A recent sentencing decision from the Provincial Court of British Columbia, R. v. Singh, 2025 BCPC 126, illustrates the gravity of such offences and the types of sentences they attract.

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Understanding Hit and Run Offences in CanadaRead More »

Understanding Hit and Run Offences in Canada Read More »

Disguised Expropriation: 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 discusses a case involving the intersection of heritage preservation, private property rights, and land use planning. After purchasing a monastery and applying for demolition permits to redevelop the site, the new owners found their plans halted when the city designated the property as a heritage site. They argued this was a form of de facto expropriation. The courts rejected their claim, and the Supreme Court of Canada declined to hear the appeal—missing a key opportunity to provide national guidance on what constitutes compensable expropriation in a modern urban planning context.

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

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

Episode 413: Extended Bar Hours, Police Missteps, and the Sidewalk Lexus

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss Vancouver’s decision to extend bar hours to 4 a.m., raising concerns about transit access and impaired driving enforcement at a time when the city’s traffic unit is severely depleted. They explore how the change could affect public safety, particularly in the absence of roadblocks and routine DUI checks.

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Episode 413: Extended Bar Hours, Police Missteps, and the Sidewalk LexusRead More »

Episode 413: Extended Bar Hours, Police Missteps, and the Sidewalk Lexus Read More »

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