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Police Questioning: 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 how far police should be allowed to question suspects for the purposes of officer safety. 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.     Police Questioning Today's case centrals around Charles Patrick. Mr. Patrick was involved in an investigative detention by the RCMP. the police have the power to detain somebody for...

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Non-Lawyers Practicing Law: 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 non-lawyers should be allowed to practice law. 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!     Non-Lawyers Practicing Law   The legal profession is regulated by law societies in Canada, but there are recognized circumstances where a non lawyer can act for a person. Those circumstances are essentially to give emotional support...

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Drugs and Foreign Evidence: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t

Drugs and Foreign Evidence: Cases That Should've Went to the SCC, 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 talk about how the courts should deal with evidence obtained OUTSIDE of Canada, when the prosecution takes place IN 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.     Drugs and Foreign Evidence Today, we're going to talk about the case of Jeremy Stark. Mr Stark and his associate Mr. Mehan were convicted at trial of trafficking cocaine into the...

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The Lost Evidence: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t

The Lost Evidence: Cases That Should Have Gone to the Supreme Court of Canada
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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn't! This week, we talk about how the courts should deal with issues of "lost evidence" in criminal cases. 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 Lost Evidence Anita Marianne Dunkers, Between 2007 and 2010 it was allege that Ms. Dunkers stole over $200,000 from a charity she was working at. By the time the investigation was concluded and the case...

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How residual mouth alcohol ruins breathalyzer results

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The topic of residual mouth alcohol is a common one in any discussion about drinking driving laws. In this context, when someone refers to mouth alcohol, they are typically referencing the presence of alcohol in the mouth when someone is asked to provide a breath sample. Why is this important? A breathalyzer’s role is to assess the amount of breath alcohol present in a person’s lungs, and to use that analysis to determine what the person’s blood alcohol content would be had the person’s blood been tested. Since the test is essentially detecting alcohol vapours, a single drop of residual mouth...

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DUI is nothing new

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My name is Paul Doroshenko. I'm a lawyer who deals mainly with cases involving the police. My law firm, Acumen Law Corporation, is the most successful BC law firm dealing with Immediate Roadside Prohibition DUI cases. Long before I became a defence lawyer, I was a historian among other things. From the day I started as a lawyer I was involved in drunk driving defence. As a historian, I also took an interest in the history of DUI laws and the way that the police investigate impaired driving cases. One thing I can tell you is that DUI is nothing new. Before...

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The police, the evidence and the forensic analysis of a DUI case

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We explained in an earlier video that the police are special witnesses in that they have been trained to collect evidence, record evidence and present evidence. What we do as impaired driving defence lawyers is we conduct a forensic analysis of the evidence. We obtain the police reports, photos, notes and when possible video. We go over it, we pick it apart and we dig. If you watch any of the forensic tv shows, you'll usually see the police trying to piece together something from evidence they locate. In impaired driving cases, the police are usually the eye witnesses to the evidence....

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The steps of a DUI police investigation

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In this video I will tell you about the steps of a DUI police investigation. There have been drunk driving laws for just over 100 years, so shortly after the car was invented. And before the invention of the car, there were traffic police in major cities dealing with horses and buggies. So enforcement of drunk driving laws is nothing new. [pullquote]The fact of an accident may do little for the police in building their case.[/pullquote] The steps of a DUI police investigation haven't changed that much over the decades. It all starts with observations of driving. The police may be looking for...

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Dissecting a DUI police investigation – the basics

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My name is Paul Doroshenko and I'm an IRP lawyer. What that means is that I defend the drunk driving cases that are common in BC. I've defended DUI and impaired driving cases for over 15 years. Today I will tell you a little bit about dissecting police investigations in a drink drive case. [pullquote]In the majority of the drinking driving cases, the police officer is the witness to the driving, the witness to the police stop, the witness to the...

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What happens at the IRP hearing

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WATCH: My name is Paul Doroshenko and I'm a lawyer with Acumen Law Corporation. We are the lawyers for people from all around BC when it comes to disputing Immediate Roadside Prohibitions. We succeed in more IRP review hearings than any other BC law firm month after month, so you can have some confidence that we know what we're talking about.[pullquote]It's common that we end up using the entire 30 minute period making submissions to ensure that all of our arguments have been covered.[/pullquote] When it comes to IRP hearings, in most cases it's better to have an oral hearing. With...

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