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 […]
Last week, an opinion piece in The Globe and Mail highlighted a worrying issue that threatens to undermine every Canadian’s freedom of expression. In the article, professor David Pritchard and assistant professor Lisa Taylor argue a little-known law known as defamatory libel is being used to treat libel as a criminal offence. Defamation is traditionally
A recent case argued in the BC Supreme Court by our own Kyla Lee affirms what we have said all along: Immediate Roadside Prohibition adjudicators may not be sufficiently prepared in the areas of law they preside over. In this case, the court identified an adjudicator’s lack of understanding of the law that could have
Unprepared IRP adjudicators could hurt drivers Continue Reading »
At the May 19, 2015, Supreme Court of Canada hearings into the first version of the Immediate Roadside Prohibition scheme, the Government took a position that the RoadSafetyBC tribunal could provide a remedy under section 7 of the Charter of Rights. The lawyer for the Government said that fairness at IRP hearings could be raised
Fairness at IRP hearings Continue Reading »
In one week the Wilson case and the Goodwin (Sivia) case will be argued at the Supreme Court of Canada. It’s hard to believe what a long road this has been, but here we are. We’re at the Supreme Court of Canada next week. For us it’s a no-brainer because some officers have told us
Supreme Court of Canada next week Continue Reading »
A YouTube video of a Vancouver police sergeant, who smashed a motorist’s window, has raised questions about the rights drivers have when they are pulled over by police. The testy exchange caught on video shows the unidentified driver opening his window just a crack and infuriating the police officer by not stepping out of the
Vancouver police officer smashes driver’s window Continue Reading »
An interesting issue — we see it reported on U.S. news websites fairly regularly; that is drivers turning off the road to avoid a DUI roadblock. It may not apply across the United States, but in some jurisdictions the police are required to publicize the times and approximate locations of DUI roadblocks. Moreover, it appears
Can you avoid a DUI roadblock? Continue Reading »
One thing about Americans is that most of them know they have a constitution that protects their rights. Americans know about their Miranda rights; essentially that they have a right to silence, they have a right to a lawyer and they have a right to demand that a lawyer be present in any police questioning.
Is that your Charter of Rights? Continue Reading »
VANCOUVER (NEWS1130) – There’s been a significant development regarding BC’s tough drinking and driving laws. They will be scrutinized by Canada’s highest court as several people have filed a challenge. Lawyer Kyla Lee says whatever happens, things will likely change, adding the Supreme Court of Canada will essentially decide whether the laws are constitutional and
Supreme Court to review BC’s drinking and driving laws Continue Reading »
The BC Supreme Court rendered its decision Monday with respect to whether the second version of the IRP scheme adequately addresses the concerns in Sivia v. The Superintendent of Motor Vehicles. We participated in this Charter challenge, although we were in an unusual position because our client, regardless of the Charter challenge, will succeed on
IRP 2.0 Charter decision: Bro v. The Superintendent Continue Reading »
As we explained earlier, we were involved in the challenge to the second version of the Immediate Roadside Prohibition scheme. The hearing took place just over a week ago in BC Supreme Court sitting in Victoria. IRP 2.0 is now in the hands of the Court. Of course, the first version of the scheme was
IRP 2.0 court challenge Continue Reading »
If the police conduct a search of your stuff, i.e. your house, your car, your cell phone records, they normally need to get a warrant. If they think you have a tattoo on your butt depicting the murder weapon, they would have to go to a judge, explain their case and ask for a warrant
Breathalyzer screeners: A warrantless search Continue Reading »
