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Can Police Swap Legal Justifications For Demands After the Fact? 

Every so often a judgment comes along that quietly rewrites the rules while pretending nothing has changed. R. v. Jerlo is one of those decisions. On its face, it looks like a simple impaired-driving case involving a self-represented accused and a helpful amicus. 

Underneath, it signals a quiet but substantial erosion in search-and-seizure protections, effectively giving police permission to retrofit their legal justification for a roadside breath demand after the fact. And because the accused was self-represented, the only pushback came through an amicus whose mandate stopped well short of mounting the vigorous constitutional challenge this issue deserved.

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Can Police Swap Legal Justifications For Demands After the Fact? Read More »

Can Police Swap Legal Justifications For Demands After the Fact?  Read More »

15 Years of B.C.’s IRP Scheme: How We Got Here

British Columbia’s Immediate Roadside Prohibition (IRP) regime arrived in the fall of 2010 with a simple pitch: get alcohol-affected drivers off the road quickly, using swift administrative penalties rather than slow criminal prosecutions. 

From day one, it was sold as a life-saving public-safety tool. And it has certainly become the dominant impaired-driving response in this province. But the story of IRPs is also a story of constitutional litigation, policy pivots, and legislative patchwork that has reshaped how we handle alleged impaired driving in B.C.

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15 Years of B.C.’s IRP Scheme: How We Got HereRead More »

15 Years of B.C.’s IRP Scheme: How We Got Here Read More »

Circumstantial Evidence & Sexual Assault: 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 crucial case involving circumstantial evidence in a sexual assault trial, highlighting issues surrounding consent and the evidentiary standards for intoxication.

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

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

The Variability Between Breath Readings and Blood Tests: Why It Matters in DUI Defence

Breath-alcohol testing is a cornerstone of impaired driving enforcement, widely used in Canada to determine whether drivers are over the legal blood-alcohol concentration (BAC) limit. However, new scientific findings shed light on a significant problem with this method of testing: the variability of the blood/breath ratio (BBR), which directly impacts the accuracy of breath-alcohol test results. This variability raises important questions about how reliable breathalyzer readings truly are, and has serious implications for those facing impaired driving charges.

At the heart of the issue is the BBR, the proportionality factor used to convert a breath-alcohol concentration (BrAC) into an estimated BAC. The standard BBR, used in all breath-alcohol testing devices in Canada, is assumed to be 2100:1. This means that 2100 mL of breath is considered equivalent to the alcohol content of 1 mL of blood. However, as discussed in a recent article by Dominick A. Labianca, The Variability of the Blood/Breath Ratio and Its Impact on the Results of Breath-Alcohol Analyses (2023), this ratio is far from fixed and can vary significantly between individuals.

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The Variability Between Breath Readings and Blood Tests: Why It Matters in DUI DefenceRead More »

The Variability Between Breath Readings and Blood Tests: Why It Matters in DUI Defence Read More »

What are the different types of speeding tickets in BC

In BC there are several different types of speeding tickets that you can be issued. The important thing to note is that all speeding tickets in BC carry three points. The difference between the different types of speeding tickets comes down to the difference in the elements of proving the offences and the fine amounts. 

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What are the different types of speeding tickets in BCRead More »

What are the different types of speeding tickets in BC Read More »

Understanding the Impact of Medical Cannabis on Driving: Recent Findings

Medical cannabis is used to manage various health conditions. However, concerns about its potential impact on driving abilities persist despite repeated studies that indicate that there are no real issues with impairment. However, recent research once again confirms the effects of prescribed medical cannabis products on driving performance among patients.

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Understanding the Impact of Medical Cannabis on Driving: Recent FindingsRead More »

Understanding the Impact of Medical Cannabis on Driving: Recent Findings Read More »

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