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Vancouver Criminal Law Blog

Paul Doroshenko Interviewed on Steele and Drex – AM980 CKNW

Refuting the Notion that ‘Standardized Field Sobriety Tests’ should be used to Test Drivers for Cannabis Usage As we get closer and closer to legalization, everybody’s jockeying to figure out the best way to deal with cannabis-impaired drivers. On Friday, we spoke to a retired police Drug Recognition Expert about how their program works. Now, our next guest says that’s all hogwash. Guest: Paul Doroshenko - Criminal defense lawyer with Acumen Law   Steele and Drex: You were frustrated on Friday. You thought this guy had no idea what he was talking about. What do you think? Paul Doroshenko: Well Standardized Field Sobriety Tests were...

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Sarah Leamon interviewed on Roundhouse Radio 98.3 FM

Back on Friday, the Supreme Court of Canada ruled that Canadians can expect text messages they send to remain private, at least in some instances. It's a pretty significant ruling too back on Friday, the court ruled 5-2 to set aside the firearms conviction of a man whose messages were found by police on the cellphone of an alleged accomplice. Listen to the full interview with Sarah Leamon on Roundhouse Radio 98.3 FM http://cirh2.streamon.fm/listen-pl-13597?smc=6     Roundhouse Radio: You know everybody texts and really, the decision came out on Friday and I'm guessing a lot of people have no idea it was even handed down...

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Getting a stay on a 90-day IRP can be an uphill battle

IRP

You’ve just been handed a 90-day Immediate Roadside Prohibition. For the next three months you can’t drive, but you need your car to get to work. Not only do you get fined, but you now are facing loss of income because your job requires you to be mobile. Worse, you might not get that big promotion because of loss of reputation. Nightmare scenario: you could even be fired. [pullquote]“It’s very individualized. Getting a stay depends on how much harm a client is going to feel in their job. How much their reputation will be impacted, how much money they’ll lose.” - ...

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Disciplinary Delays: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses whether lengthy delays in disciplinary cases (for regulatory bodies like doctors and lawyers, for example) should result in allegations being thrown out after a case is delayed too long, as in criminal trials. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. For more Kyla Lee, follow her on Twitter.     Pierre Mailloux was ultimately the subject of...

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Kyla Lee on 610AM: Provincial Crackdown on Street Racing and Stunt Driving Misleading

As the provincial government casts itself as getting tough on street racers and stunt drivers one lawyer says what they are really doing is covering their legal butt. Acumen Law’s Kyla Lee says accused drivers are subject to a process they aren’t even aware exists and don’t take part in, where a police officer’s word is god, and zero records are kept. “There is nothing for the Supreme Court to review. Every time I have challenged one of these 15 day prohibitions in court the government has conceded the appeal and it has been removed from my clients record because they have...

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Drug Recognition Experts can allege you’re driving high when sober

drug recognition expert

It’s not just the grainy dash cam video that make “The Drug Whisperer” look like scenes out of a horror film. Getting arrested for a DUI under the claim you have marijuana in your system by a drug recognition expert, testing negative, and having to still fight the charges is a nightmare. It happened in the United States and it could happen in Canada.   "The Drug Whisperer" arrested at least five people with no traces of marijuana for DUIs   Earlier in 2017, 11Alive News chief investigator Brendan Keefe discovered drivers were being arrested for driving stoned despite drug tests showing no signs...

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Kyla Lee interviewed on CBC The Early Edition

Starting next July Canada’s marijuana market will be very different indeed. The province answered a few of the questions around selling recreational pot on Dec. 5, including where it will be sold and to whom. But one remaining question is how to keep the roads safe and drivers sober? Acumen lawyer Kyla Lee answers this question in her interview on CBC:   CBC: How concerned are you about an increase of impaired driving once recreational marijuana is made legal Kyla: I’m not. I don’t think that recreational marijuana is going to do anything to increase the number of people on the roads driving while...

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Legal marijuana regulations announced in British Columbia

legal marijuana regulations

Legal, recreational weed is coming to BC next year. On Dec. 5, 2017, BC government finally announced its first decisions on legal marijuana regulation. Like alcohol and tobacco, the legal age for cannabis will be set to 19. BC's Liquor Distribution Branch (LDB) will be the wholesale distributor of non-medical cannabis in BC. There will be a public and private retail model with details of the private cannabis retail model anticipated in early 2018. While this sounds like big news, BC Government actually has not released a lot of information. Most provincial governments across Canada had already announced similar plans — months before. After...

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What are my rights at a roadblock in Canada?

Road Block Surrey

Whether it’s a long weekend, the holidays, as part of some CounterAttack program or just because police feel like it, police roadblocks are a reality nearly all Canadian drivers are familiar with. In the vast majority of cases, motorists will pull up, show the officer their driver’s licence and insurance, and if there are no infractions detected the motorist is free to drive away. Charged after being stopped at a roadblock? Give us a call. 604-685-8889. But often, police will probe a lot further than simply asking for your licence and insurance papers. The most common one many drivers will have heard...

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Lawyer Malpractice: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, we discuss whether people should be responsible for the actions, or inactions, of their lawyers. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. For more Kyla Lee, follow her on Twitter.     Gestion Patron had sued the Royal Bank of Canada. The Royal Bank and Mr. Patron both had lawyers. The lawyers in this case failed to act appropriately by failing...

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