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Acumen Law Corporation > News (Page 3)

Good intentions for sexual-assault victims leads to unequal justice for accused under Bill C-51

Stories of sexual assault are dominating the media right now. Between the Harvey Weinstein allegations and the #MeToo campaign, survivors of sexual violence are banding together and speaking up. They are doing so, in part, in hopes of shattering the culture of silence that has allowed these injustices to go on for far too long. Many factors contribute to the proliferation of sexual violence. One of which is the perception that victims cannot properly access justice through our existing criminal justice system. In an attempt to address this, our federal government has introduced amendments to the Criminal Code. These amendments are embodied...

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Proposed legal limits for drug-using drivers likely to be challenged: criminal lawyer

The federal government released a draft of its planned legal limits for drivers under the influence of drugs, but criminal lawyer Kyla Lee has doubts about how well the legislation will hold up against constitutional challenges. “I don’t think this law as it’s currently drafted is going to look anything like what it looks like when the courts have whittled it away,” says Lee, who practises at Acumen Law Corp. in Vancouver. “There’s going to be so many challenges to this; it’s going to tie up the courts, it’s going to be expensive.” The Blood Drug Concentration Regulations, posted Oct. 14, come as...

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Government releases legal limits for drugged driving but can’t say how much pot is too much

The federal government has released a draft of its planned drug concentration levels but admits the new rules provide no guidance on how much marijuana it would take to push a driver over the legal limit. "It should be noted that THC is a more complex molecule than alcohol and the science is unable to provide general guidance to drivers about how much cannabis can be consumed before it is unsafe to drive or before the proposed levels would be exceeded," an analysis statement released with the draft regulations said. The government also says that it cannot provide drivers any guidance as...

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B.C. eyes stricter distracted driving penalties as collisions surge

The B.C. government is considering imposing stricter penalties on distracted drivers as collisions across the province continue to surge. -- Criminal defence lawyer Paul Doroshenko says increased fines, however, don't necessarily deter people from breaking the law. "The whole idea here is to deter people — we just don't want people to pick up their phones and be distracted," said Doroshenko. "The problem that I see is that we never see the follow-through on enforcement." Doroshenko says increased penalties don't necessarily deter drivers from using their phones behind the wheel. "People don't think about the morality of the crime, they think about their self-interest. And...

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Man in viral Abbotsford racist rant video pleads guilty to assault

Almost a year after appearing in a racially-charged video and being criminally charged, a man has pleaded guilty to assault. Karry Corbett was captured on camera by an Abbotsford lawyer last October after getting into an argument with a parking enforcement officer. Lawyer Ravi Duhra said he began filming when he became concerned about Cobertt’s behaviour towards the officer, but that’s when Cobertt’s attention turned to Duhra. In the video, Corbett is filmed throwing a litany of racist slurs at Duhra, calling him a “P*ki” and a “camel-riding motherf*****.” He goes back to his truck and yells, “White power motherf*****” while beating on his...

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‘The science isn’t there’: critics worry pot legislation could face constitutional challenges

With just over nine months to prepare for the impending legalization of marijuana across Canada, politicians and law enforcement still have concerns about proposed legislation, especially regarding impaired driving. The federal government tabled two pieces of marijuana legislation in April; one to regulate recreational use, sales and cultivation, the second to address impaired driving. But critics are concerned the law will face constitutional challenges. "The science isn't there to indicate when impairment occurs," Kyla Lee, a Vancouver-based criminal lawyer told Gloria Macarenko, host of B.C. Almanac. Currently, the only roadside test for marijuana impairment is physical assessment by an officer, such as testing...

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Drive-through workers checking for impaired drivers

When you grab that burger and fries, the drive-through attendant may be giving you the once-over to check if you’re drunk or high. Those keeping an eye on the law here are watching a pilot project in Ontario where police are training drive-through workers to report impaired drivers. Paul Doroshenko, a Vancouver criminal lawyer, says a number of restaurants in BC also have staff on the lookout. “Most restaurants that have a drive-through have some sort of protocol to deal with impaired drivers and sometimes your restaurant won’t be serving fast food if you show up there and they think that you’re impaired.” Doroshenko...

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Ian Mulgrew: ‘Smoking gun’ roadside prohibition emails protected by court

Provincial government documents that fell into the hands of Vancouver lawyers putatively revealing the inner workings of the controversial Immediate Roadside Prohibition tribunal will remain secret. The B.C. Court of Appeal said the 19 pages — primarily unvetted email exchanges between a Ministry of Justice lawyer and RoadSafetyBC staff, in part instructing adjudicators how to rule in IRP cases — were protected by solicitor-client privilege. “I am disappointed with this outcome, and we are considering our options at this stage and considering the implications of the decision,” said Kyla Lee, of Acumen Law Corp. “Myself and the other lawyers in our office remain...

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B.C. Supreme Court ruling sets strict standard for distracted driving

If there was any doubt about leaving your phone alone while driving, a decision by a B.C. Supreme Court justice has put it finally to rest. Distracted-driving is one law British Columbians break on a massive scale. In Burnaby during the month of March, police and community volunteers handed out 764 distracted-driving tickets and 28 warnings. According to B.C.’s distracted-driving regulations, it is against the law to text, email, talk or otherwise hold an electronic device in your hand while operating a motor vehicle, including while being stopped at a red light. -- Stephanie Skinner, a criminal defence lawyer, says she thinks the ruling was...

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How Paul Doroshenko Went from Boosting BC Liberals to Suing Them

After pitching in on three campaigns, lawyer hates what he sees on TV. A Tyee interview. Paul Doroshenko’s first political volunteer job was sawing stakes and putting out signs for Gordon Campbell in 2001. From there the lawyer moved to the phones, ringing up people to urge them to vote BC Liberal. A grateful party appointed their keener to be a scrutineer at polling stations on Election Day. In all Doroshenko worked on three election campaigns with BC Liberals. He was so dedicated, as he recently tweeted, he’d pound campaign signs in the ground “Often in the pouring rain. In my suit...

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