The Early Edition panelists Mo Amir and Kyla Lee joined Gloria Macarenko to talk about municipal elections, Pierre Poilievre and a new conservative political party in British Columbia.
A trip from Prince Rupert to Terrace for a berry festival took an unsettling turn for a woman and her friend along Yellowhead Highway 16 in northern B.C.
Symbia Barnaby said it happened around 5:30 p.m. close to the Shames Mountain entrance on July 23.
“We had just come back from cultural duties,” Barnaby said. “We had a tea with hereditary chiefs in Prince Rupert. We saw two police cars on the road … there wasn’t anybody in the middle of the road directing traffic, and I said to my friend ‘what do I do?’ and he said, ‘we’ll voluntarily stop and then we’ll ask what we should do.’”
Ontario Superior Court Justice Maria Carroccia says she didn’t find the complainant’s evidence to be “credible or reliable,” and the Crown failed to prove she didn’t consent to the sexual activity.
“The only thing that new legislation could do is create more reverse onus provisions where rather than the Crown having to prove why you should be held in custody, you have to prove why you should be released… Beyond that, anything the government does to interfere with the right to reasonable bail would likely be seen as a violation of the charter protected right…”
Criminal lawyer Kyla Lee breaks down what reforms could look like.
“I think that it’s a lofty goal but I don’t think much is likely to substantially change even with the Prime Minister being committed to bal reform. The reality is, there isn’t much the federal government can do more to push the needle on bail reform without violating the charter…”
Lots of potential change coming to BC’s political scene. We have a reworked cabinet. And the Conversations and Greens might be looking for new leadership. Our Soapbox social panel has some thoughts. Kyla Lee is a Vancouver criminal lawyer for Acumen Law Corporation. Mo Amir is the host of the podcast, This is VANCOLOUR.
A five-time repeat impaired driver, who allegedly critically injured a civilian in a four-vehicle collision in Ontario, has been released on bail. Kyla Lee, a criminal defence lawyer, says the courts will look for the ‘least restrictive sanctions’ to release someone.
In a unanimous ruling, the Supreme Court of Canada has found that for trials held during the COVID-19 pandemic, it was acceptable for judges to consent to judge-only trials over the objections of Crown prosecutors to avoid creating delays.
The Court’s reasoning, however, split 5-2 over where the line was when it came to the Crown’s prosecutorial discretion.
Charged with the second-degree murder of his spouse, accused Pascal Varennes’ trial was set for September 2020, when the pandemic was in full swing. In June 2020, he requested a judge-alone trial to avoid possible delays with a jury trial, which would breach his Charter right to be tried in a reasonable time. The Crown refused to consent, asserting that the public interest favoured a jury trial. However, the judge found the refusal was “unfair or unreasonable in the circumstances” and allowed the judge-only trial.
BC’s former solicitor general is calling on the federal government to make further changes to bail laws to address the harm being done by repeat offenders. It’s been an issue for some time, with the former solicitor general saying its about time.
“The system is designed to find a resolution other than court time,” says Mike Morris. “And if you can deal the case away, if you can find some way not to take it through the system, because it costs money and it takes prosecutor time. But I think over the years, that has led to a deficiency in our prosecution services, in dealing with trials.”
Our Soapbox Social panelists Kyla Lee and Mo Amir, talk about the report that was commissioned after the Lapu Lapu Day tragedy. They also talk about the Richmond Olympic Oval and about a Jersey Shore star spotted in Kelowna.