There have been some developments regarding the offence of failure to provide a breath sample. But first, some background. In December 2018, the federal government introduced changes to the Criminal Code. They included eliminating the reasonable suspicion standard for a breath test. Previously, police officers needed a reasonable suspicion – such as the driver smelling […]
Failure to provide breath sample Continue Reading »
There was good news for drivers this week seeking to use medical experts in ICBC cases. Readers of this blog will be aware that the BC government has introduced wide-ranging changes to the Insurance Corporation of BC (ICBC) over the past year or so in an attempt to claw back substantial financial losses. This included
Limits on medical experts in ICBC cases ruled unconstitutional Continue Reading »
It’s the one-year anniversary of the legalization of marijuana in Canada. Although medicinal marijuana was available for years prior, October 17, 2018, was the first time that Canadians could smoke recreational cannabis legally. The Cannabis Act made possessing and consuming cannabis no longer an offence. However, it also introduced a bunch of new rules governing
Where can I smoke cannabis in BC? Continue Reading »
Back in May, Acumen Law Corporation made headlines after we facilitated tests of the Dräger DrugTest 5000. The device was introduced as the roadside device police would use to detect drug-impaired drivers following the decriminalization of marijuana. We believe it is in the public interest to know if the device provides accurate and reliable results.
Dräger DrugTest 5000 findings to be published Continue Reading »
From Hong Kong to Vancouver, protests are featuring a lot in the news lately. If you are considering joining a demonstration, you probably want to know if you can be arrested for protesting. This week, climate change protestors took over Burrard Street Bridge in Vancouver as part of demonstrations the group Extinction Rebellion organized. A
Can I be arrested for protesting? Continue Reading »
As we near the one year anniversary of the legalization of marijuana the first year of transition was a rocky start for government-regulated recreational cannabis. There remains an ongoing clash between the accessibility of marijuana and the legal regulations concerning its use. Accessibility after marijuana legalization Despite not being legal until last year, marijuana use
Marijuana legalization one year on Continue Reading »
A common misconception many people have is that if they blew over the limit, they’re guilty. Thinking that way is simply wrong. There are so many defences to any type of DUI allegation that you always need to investigate the facts and the law before you can form a view of the outcome of the
You can beat a DUI Continue Reading »
Medical and legal professionals accused an Alberta judge of discriminating against a Nigerian-born doctor in a court decision. They filed a formal complaint against Justice Terry Clackson with the Canadian Judicial Council and requested an investigation. This raises the central importance of the judiciary’s impartiality. Racial discrimination, or bias of any kind, is monitored closely
Did judge discriminate against Nigerian-born doctor? Continue Reading »
On Friday September 27, 2019, the Supreme Court of Canada released a decision interpreting the provisions of the Canada Evidence Act that sets out the rules in cases where protection of journalistic sources is central. The protection of journalistic sources is a key concern for journalists across Canada. Often whistle-blowers or parties with reliable evidence
Protection of journalistic sources, SCC decision in Denis v. Côté Continue Reading »
A BC court has ruled that changes to the jury selection process brought in as part of Bill C-75 cannot be applied retrospectively. As we previously explained on this blog, Bill C-75 gained Royal Assent in June, however, some of the changes it made to the Criminal Code only came into effect on September 19.
Changes to jury selection process cannot be applied retrospectively Continue Reading »
The government introduced changes to the Motor Vehicle Act back in July. The changes affect the Administrative Driving Prohibition (ADP) scheme. There was very little fanfare at the time and consequently there is very little awareness about them. Make no mistake, if you are a driver in BC, these changes affect you and it is
Changes to Administrative Driving Prohibition scheme Continue Reading »
The British Columbia government is revising civil forfeiture laws in the province. The Crown will have greater powers to take suspected a criminal’s property. It will also be more difficult for them to get it back. This blog will explain what civil forfeiture is, how it is changing and what you should do if the
Civil forfeiture in BC: how to fight it Continue Reading »
