kyla lee

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 jury instructions and the role of addressing myths and stereotypes in criminal trials. A First Nations man, Necan, was charged with an offence allegedly committed after consuming alcohol. The defence requested a specific jury instruction addressing harmful stereotypes about Indigenous people and alcohol use, including the “firewater” myth. The trial judge declined to give that tailored instruction, instead relying on general guidance about avoiding bias. Necan was convicted, and the issue raised important questions about whether generic instructions are enough to guard against prejudice in cases involving historically marginalized groups.

Myths & Jury Instructions: 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 breathalyzer evidence and procedural fairness in impaired driving prosecutions. In most cases, the Crown relies on a certificate to prove a person’s blood alcohol concentration, which becomes conclusive evidence if properly admitted. However, strict procedural timelines apply. The Crown must provide reasonable notice of its intention to rely on the certificate, and the defence must give 30 days’ notice if seeking to cross-examine the technician or analyst. In this case, the certificate was served only seven days before trial. The Saskatchewan Court of Appeal found this acceptable, and the Supreme Court of Canada declined to hear the appeal.

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