court of appeal

Self-Defence in Dangerous Driving Cases

A personal dispute can quickly transform into a legal tragedy with life-altering consequences. In R. v. Lafferty, a young woman’s attempt to flee a tense confrontation resulted in the death of another person. The Court of Appeal for Northwest Territory was tasked with deciding whether her actions, driven by a subjective sense of fear, could be legally justified as self-defence.

This case shows the high bar that must be cleared to successfully claim self-defence when a motor vehicle is involved. The law balances the right to personal safety against the heavy responsibility of operating a vehicle in public spaces.

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Motor assisted cycles: human power must be primary

motor assisted cycles must be propelled by human power

Motor assisted cycles must be operated primarily by human power, the BC Court of Appeal has ruled. The Court grappled with the issue of what exactly constitutes a motor assisted cycle under the legislation. It comes after BC Supreme Court ruled that a motor assisted cycle must have pedals in a usable position.

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