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Competing Statutes: 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 competing statutes and conflicting tribunals. 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. As the law expands to include more administrative tribunals, we run into the situation where the administrative work done by one tribunal conflicts with the administrative work done by another tribunal. In the case of Alex Gilmor who had a property dispute and...

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

unreasonable-delay
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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 unreasonable delays in cases that were appealed or received a mistrial causing them to go over the presumptive ceiling for delays set out by the Supreme Court of Canada. 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. The Canadian Charter of Rights and Freedoms protects a person's right to be tried for an offence within...

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Indigenous Adoption: 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 Indigenous children should be adopted into a family that best supports his or her Indigenous culture, or into a family that appears could best provide for the child's needs. 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. If a child is supposed to be adopted into a family that is in the best interest...

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Kyla Lee Interviewed on Global News at 6

On December 1, 2017, new rules came in with stiffer driving prohibitions for street racing and stunt driving. Under the rules prior to Dec.1, penalties for street racing or stunt driving could land you a 15-day penalty. But after Dec. 1, those same penalties could be increased to the range of three to 36 months. The NDP government says the penalties are intended for those who recklessly speed in urban areas, pointing to an example of travelling 180 km/h over the Lions Gate Bridge, which would be more than three times the speed limit in the area. ? Global News interviewed Kyla Lee,...

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New drinking and driving rules bring mandatory alcohol screening to Canada

In May, the federal government tabled Bill C-46, which would amend the Criminal Code for impaired driving offences. The proposed changes come on the eve of the government’s legalization of recreational cannabis use, and they include new “legal limit” drug offences, as well as mandatory alcohol screening. Proponents say that mandatory alcohol screening, for one, will bring Canada into line with other Western nations that have lowered impaired driving charges using this form of screening; but the criminal defence bar cautions that aspects of the new bill may present Charter challenges and further burdens on the courts. ? ??“I think, absolutely, we are...

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Lawyers working in the public interest

Failure of checks and balances

If you weren't aware of it before, the last few months have given many a new understanding of lawyers working in the public interest. The reality is that working for the public interest is common for tens of thousands lawyers around the world for much or most of their work day. But the Trump administration has brought to the public attention the importance of public interest advocacy. A quick discussion of politics and history are required as a background to this post. We often speak of checks and balances to our system of democracy. The idea is that if you allow too...

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