Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
Impaired Driving Update – BC Edition: Volume 28 Read More »
Kyla Lee joined Paul Henderson on the Something Worth Hearing podcast for a conversation about Alberta separation, constitutional law, Indigenous consultation, and why the legal path for a province leaving Canada is far more complicated than many people realize.
The episode focused on whether Alberta can legally separate from Canada. Kyla explained that while separation is theoretically possible, the practical and constitutional barriers make it extremely unlikely.
…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 fresh evidence on appeal and how existing evidentiary rules interact with the unique procedures that govern sexual assault trials. Canadian courts have long applied the Palmer test when deciding whether fresh evidence should be admitted on appeal. The test generally requires that the evidence could not have been discovered through reasonable diligence and that it could reasonably have affected the outcome of the case. This case raised the question of whether that traditional approach is sufficient when the fresh evidence relates to material that would have required a screening application before being admitted at trial.
…B.C. Premier David Eby is criticizing the review board’s decision to grant a conditional discharge to Allan Schoenborn, the man found not criminally responsible for killing his three children in 2008, calling it ‘deeply concerning.’ Criminal defence lawyer Kyla Lee says Eby’s comments are ‘inappropriate’ and undermine confidence in the justice system. Lee gives a legal analysis behind the conditional release decision.
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The panel discussion covers several developing political situations in British Columbia, including a potential revival of the BC Liberal Party, the leadership of the BC Conservatives, and policing scandals in Surrey.
“I think there is a division in the party, and uniting people is going to be a challenge. The positions she has been taking on things like SOGI may alienate some fiscal conservatives who do not have a particular issue with those types of things. Balancing that, not going too far to the right while also not going too far left and alienating more right-leaning party members, is a delicate tightrope she will have to walk.”
Soapbox Social: There’s a new BC Conservative leader in town Read More »
Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
Impaired Driving Update – BC Edition: Volume 27 Read More »
People tend to think impaired driving is something that only happens behind the wheel of a car. It is one of the most common misconceptions I run into. The Criminal Code does not use the word car. It uses the word conveyance, and it defines a conveyance as a motor vehicle, a vessel, an aircraft, or railway equipment. That is a very wide net. If it carries you from one place to another, the impaired driving laws are almost certainly paying attention.
I tell clients this all the time and they rarely believe me until they meet someone it happened to. So this week I went looking for the people it happened to. All three of the main stories come from Ontario, all three charges were laid by the OPP, and not one of them involves a car. What they share is a person who climbed onto something conveyance after a few too many and learned that the law does not care how many wheels you have. Or whether you have any wheels at all.
…Weird and Wacky Wednesdays: Volume 401 Read More »
“I think one of the biggest ways that people break the law in the summer in transportation comes to their mixing of alcohol and driving. That’s definitely one. There’s also all sorts of different alternative transportation methods that are fun to use in the nice weather but aren’t necessarily street legal. Certain types of electric motor bicycles and dirt bikes that people like to use on the streets.”
…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 doctor’s potential duty of care to third parties who may be harmed by a patient. The case arose after a patient with a history of mental health and addiction issues, including prior violence toward family members, was treated and released from care. After returning home, the patient murdered her father. The surviving mother sued the doctor, arguing that the risk of harm was foreseeable and that the doctor owed a duty of care not only to the patient, but also to family members who could be affected by the release decision. The doctor sought to have the lawsuit dismissed, arguing that physicians generally owe duties only to their patients. The court allowed the claim to proceed.
…B.C.’s health minister said Wednesday that an overdose prevention site (OPS) in Vancouver’s downtown core will not be proceeding, after backlash from the city’s mayor and business groups…
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