Vancouver Criminal Law

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Vancouver Criminal Law Blog

Kyla Lee on CBC News

Being charged with distracted driving in British Columbia is getting a little bit harder, after a B.C. Supreme Court judge recently ruled that simply having a cell phone within sight of the driver isn't enough for a conviction. The case came up when a B.C. driver was given a hefty ticket for distracted driving because his phone was wedged in the passenger seat, even though he wasn't touching it. ...

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Kyla Lee on The Star Vancouver

VANCOUVER—Having your cellphone loose in the car no longer counts as distracted driving, according to a recent ruling by a B.C. Supreme Court judge. In his March 1 decision, Justice Murray Blok said a driver who appealed his conviction was not “using” the phone and therefore was not guilty of distracted driving. Under British Columbia’s Motor Vehicle Act, people can use electronic devices while driving in a hands-free manner only if the device is securely fixed to the vehicle. ...

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Sonia Gill-Kahlon: new articling student to join Acumen Law Corporation

Sonia Gill-Kahlon articling student Acumen Law Corporation

Acumen Law Corporation is pleased to welcome a new articling student to its team. Sonia Gill-Kahlon will be joining us after she completes her J.D. at Thompson Rivers University in Kamloops. Before law school, Sonia obtained a Bachelor of Arts in Psychology from the University of the Fraser Valley in Abbotsford, B.C. Before she attended law school, Sonia gained experience in mental health through her work in the downtown eastside of Vancouver where she worked with women suffering from addiction and mental health issues. She also worked for Chilliwack Community Services assisting adults suffering from mental health illness, as well as...

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Judicial Independence: 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 judicial independence. 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. Eliana Marengo, a judge in Quebec, heard a case involving a woman who came to court wearing a hijab and because of certain legislation enforced in Quebec at the time, the woman was not permitted to be heard by the judge. The judge ordered her...

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Acumen Law Corporation to welcome new articling student Sarah MacDonald

Acumen Law Corporation articling student Sarah MacDonald

Acumen Law Corporation is pleased to welcome a new articling student to its team. Sarah MacDonald will be joining our firm after she finishes law school at the University of Calgary. Before law school, Sarah studied for a BA (Hon) in philosophy at Queen’s University in Kingston, Ontario. Sarah’s interest in law was sparked during her undergraduate degree when she took an introductory law course. Sarah took part in an exchange to Griffith University, Gold Coast Campus, in Australia where she participated in the Innocence Project. The not-for-profit organization aims to exonerate wrongfully convicted people who might otherwise not have access...

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The fault standard in luring offences

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This morning, the Supreme Court of Canada published a major decision regarding the fault standard for the offence of “luring” a minor under Section 172.1 of the Criminal Code. The offence of “luring” prohibits the act of speaking with someone online who presents themselves as being younger than the age of consent with the goal of the communication being to have some kind of sexual encounter. The Crown needs to prove three things to achieve a conviction:   an intentional communication by means of telecommunication (phone or Internet); with a person who is, or who the accused believes is, under...

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Challenging a ‘failure to provide a breath sample’ IRP

If you are pulled over by a police officer or one approaches you immediately after driving, you must comply with any demand for a sample of breath. It is in your best interest to do so because there are defences available to you if you provide a sample but virtually none if you refuse. But what about if you comply and find yourself accused of failing to provide a valid sample? You could find yourself with a 90-day Immediate Roadside Prohibition (IRP), facing the prospect of not being able to drive for three months. This can cause irreparable harm to your...

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Paul Doroshenko on CTV News Vancouver

Sports car enthusiasts in Vancouver are crying foul after receiving vehicle inspection notices, claiming they’re being harassed by police officers. They say many who drive sports cars are being pulled over and given a vehicle inspection notice, which requires them to take their vehicle to a mechanic to address any safety concerns. Eddie Clark, who drives a Fiat 124 Spider, was given one of these notices was told his exhaust was too loud and his car was too low. ...

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