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Judicial Review successes for Kyla Lee of Acumen Law

Judicial Review successes for Kyla Lee of Acumen Law

Regular readers of this blog will be well-aware of our concerns with the adjudication of driving prohibitions by the Superintendent of Motor Vehicles. Salient legal arguments in Immediate Roadside Prohibition disputes regularly appear to be disregarded or particular issues are scrutinized to the point that other issues are ignored. Perhaps it has something to do

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A new police power to calculate your past intoxication level is scientifically invalid

A new police power to calculate your past intoxication level is scientifically invalid

Police testing for drunk driving will be able to presume a driver’s past intoxication level based on breath or blood samples under a new amendment to the Criminal Code. Drivers who are tested several hours after the time of driving could still be found to have operated a vehicle while over the legal limit, even

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A new federal law governing insider trading is unconstitutional

A new federal law governing insider trading is unconstitutional

At some point this year the federal government plans to enact the Capital Markets Stability Act. The new legislation is part of plans to implement the Cooperative Capital Markets Regulatory System, a centralized regulatory authority that would oversee shares, bonds, and other types of investments in participating provinces. British Columbia has signed on as a

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Defendant who used the wrong medical records shows why you should not represent yourself in court

Defendant who used the wrong medical records shows why you should not represent yourself in court

The law in Canada allows a defendant to appear in court “pro se”, or on one’s own behalf. To many, especially those with a relatively low income, being a self-represented litigant may seem like an attractive prospect. In reality, self-represented defendants have a much lower success rate in court than those who hire a lawyer.

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Humboldt Broncos bus crash: what the Crown will have to prove in dangerous driving prosecution against truck driver

Humboldt Broncos bus crash: what the Crown will have to prove in dangerous driving prosecution against truck driver

Charges have been laid following the tragic Humboldt Broncos bus crash in Saskatchewan that claimed the lives of 16 people and left 13 others injured. The driver of a semi-truck involved in the collision, Jaskirat Sidhu, has been charged with 16 counts of dangerous operation of a motor vehicle causing death and 13 of dangerous

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911 call distracted driving case shows importance of oversight of Superintendent of Motor Vehicles

911 call distracted driving case shows importance of oversight of Superintendent of Motor Vehicles

The provisions in the Motor Vehicle Act  (MVA) covering distracted driving are broadly defined and the police and courts have been just as broad in their interpretations of the rules. Drivers are afforded very little leeway when it comes to what constitutes using an electronic device while driving. Marika Winthrope found this out the hard

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Situations on the US border will only get worse after cannabis legalization

Situations on the US border will only get worse after cannabis legalization

As the ink dries on the Cannabis Act, the public is starting to wonder what post-cannabis decriminalization Canada will be like. One question being asked is how will Canadians crossing over the border into the United States be treated after October 17, when recreational use of marijuana will be legal across Canada. In the context

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