cases that should have gone to the supreme court

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 unpacks a case involving a police search of a computer that raised major privacy concerns. The accused, facing charges related to online conduct, challenged the broad scope of a search conducted on his seized devices. He argued there should be a distinction between the authority to seize a computer and the authority to conduct a full forensic search of its digital contents. The Supreme Court of Canada declined to hear the case.

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Computer Searches: 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 explores a case out of Saskatchewan that challenged the constitutionality of mandatory alcohol screening. After being required to provide a breath sample without any suspicion of impairment, the accused argued that this random breath testing violated Charter rights. The Saskatchewan Court of Appeal was split on the decision, with one judge finding the law unconstitutional. Despite the national impact of mandatory screening, the Supreme Court of Canada refused to hear the case.

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

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Discrimination in Child Protection Laws: 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 a defamation lawsuit between a home building company and dissatisfied homeowners. After the homeowners posted negative reviews online, the company sued for defamation. The homeowners responded by seeking to have the case dismissed under British Columbia’s anti-SLAPP legislation, arguing that their posts constituted expression on a matter of public interest. The Supreme Court of Canada declined to hear the case, leaving open significant questions about how far anti-SLAPP protections extend in private disputes.

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Defamation: 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 an arrest for obstruction in the context of a routine traffic enforcement encounter. A person who was pulled over for a regulatory traffic matter—such as speeding or running a red light—was arrested for obstruction when they attempted to leave. Although the trial judge found the arrest unlawful, the Court of Appeal reversed that decision. The Supreme Court of Canada declined to hear the case, leaving unresolved questions about the scope of police powers in regulatory versus criminal contexts.

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Obstruction of a Police Officer: 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 explores a case challenging a provincial Airbnb ban. The applicant, who operated multiple short-term rentals, argued that the new licensing regime violated his Charter rights—specifically, his right to equality under section 15. While the courts rejected the claim and the Supreme Court of Canada declined to hear the case, it raised important questions about the intersection of economic participation, immutable characteristics, and evolving forms of work in the gig economy.

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Airbnb Bans: 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 the reclassification of firearms by the Canadian government, which changed some restricted firearms to prohibited. Firearm owners received notices from the Chief Firearms Officer that they were no longer permitted to possess certain firearms and were instructed to surrender them.

The affected individuals argued that this effectively revoked their firearms licences, which should have triggered review rights in provincial court. However, the courts disagreed, ruling that the issue was about regulatory classification, not revocation, and therefore outside the jurisdiction of the provincial court. The Supreme Court of Canada declined to hear the appeal.

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Amendments to Canadian Firearms Laws: 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 explores an extradition case where an accused person was denied an adjournment after switching lawyers shortly before the hearing. Despite the high stakes of facing trial in a foreign country, the court refused to delay the proceeding—prompting a challenge that ultimately failed to reach the Supreme Court of Canada. This case raises fundamental questions about the right to counsel and what fair representation really looks like when timing, preparation, and legal strategy collide.

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Legal Representation: 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 discusses a unique and emotionally charged case involving an ostrich farm in British Columbia. During an avian flu outbreak, the federal government ordered the mass destruction of all ostriches on the farm after a few birds tested positive. The farm owners requested that every bird be tested individually, but their request was denied under existing public health policies. They sought judicial review of the order, but the BC Supreme Court and BC Court of Appeal upheld the decision. The Supreme Court of Canada then declined to hear the case.

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