This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a major BC Supreme Court decision that strikes down an Immediate Roadside Prohibition due to flawed and speculative reasoning by the Superintendent’s office.
…Episode 412: Chewing Tobacco, IRP Statistics, and Public Safety in CrisisRead More »
Episode 412: Chewing Tobacco, IRP Statistics, and Public Safety in Crisis Read More »
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.
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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.
…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 mandatory drug and alcohol testing in the workplace, specifically within the Canadian Nuclear Safety Commission—a federal government organization. The Commission required both pre-employment and random drug and alcohol testing for all employees, regardless of suspicion or individualized concern. When challenged, the courts upheld the policy. The Supreme Court of Canada declined to hear the case, missing an important opportunity to define the limits of government intrusion into the privacy rights of employees.
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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.”
…Kyla Lee in CKPG Today: Bail reform gets mixed reviewsRead More »
Kyla Lee in CKPG Today: Bail reform gets mixed reviews Read More »
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.
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B.C. has opened 28 new involuntary care beds, but this treatment has always existed for people certified under the Mental Health Act. Three people share their stories.
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Kamloops’ mayor filed a police complaint against a reporter over a pub encounter. A criminal lawyer weighs in on whether the law sees it as assault.
…Kyla Lee on CBC Daybreak Kamloops with Shelley Joyce: Was it assault or just a back-pat?Read More »
Kyla Lee on CBC Daybreak Kamloops with Shelley Joyce: Was it assault or just a back-pat? Read More »
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