Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines the tension between an accused person’s right to disclosure and the privacy interests of third parties whose personal information may be contained in digital evidence. The case involved forensic images […]
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines the continuing impact of COVID-19 on the right of accused persons to be tried within a reasonable time. The case involved an accused who argued that pandemic-related delays contributed to
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a constitutional challenge to Alberta’s requirement that prospective lawyers swear an oath of allegiance to the monarch. A prospective lawyer argued that the requirement conflicted with their religious beliefs and
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving a cyclist who suffered catastrophic injuries after leaving a designated bike path and riding into a hole in the brush beside it. The cyclist sued the municipality,
Cyclists: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Continue Reading »
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving poor quality audio recordings used as evidence at trial. The recordings were difficult to understand, but portions that could be heard were relied on by the Crown
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines two cases involving no fault insurance and the question of what it means for an injury to arise from a motor vehicle accident. Under no fault insurance systems, individuals generally
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving attempted murder and the inference of intent to kill. The accused discharged a firearm at close range near another person’s head but argued there was no evidence
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving the withdrawal of criminal charges and whether an accused person should have the right to insist on a trial to clear their name. After the Crown sought
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving Charter damages and whether a claim for compensation against the government survives after the claimant dies. The case arose after an individual sued the state, alleging violations
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving joint sentencing submissions and the power imbalance between the Crown and the defence. Lance Littlewolf pleaded guilty to manslaughter and, through a joint submission, was sentenced to
In this episode, Kyla Lee from Acumen Law Corporation examines a case arising from the Supreme Court of Canada’s decision striking down consecutive periods of parole ineligibility for multiple murder convictions. Once those sentences were declared unconstitutional, individuals already serving them began seeking remedies. The legal question became not whether the sentences were unconstitutional, but
In this episode, Kyla Lee from Acumen Law Corporation examines a case involving immigration sponsorship, religious freedom, and the recognition of non-traditional forms of parenthood. The case concerned a child who had been abandoned or left without parental care and was taken in through a form of guardianship recognized in Islamic tradition. The Canadian family
