In this week's roundup of weird and wacky legal cases, we look at a case involving an eviction of a family member, a suspension of a teenager from school, and an arrest over a Burger King Coupon. Perhaps, finally, the angriest Whopper.
There has been a great deal of discussion about the British Columbia Cannabis Act, but there has not been a solid breakdown of all of the offences under the Act. In an effort to provide a helpful guide, this post summarizes all the offences laid out in the Cannabis Act.
What is particularly interesting about the penalties in the Cannabis Act, is that many of the offences for possession, production, and distribution mimic those in the proposed federal regulations. This would mean that police have the opportunity to charge individuals under the provincial law or the federal law.
In Episode Six of Driving Law with Kyla Lee, I sit down with Ian Tootill, founder of SenseBC to discuss traffic safety laws in British Columbia. Ian shares important insight into problems with our speeding, electronic device, and left lane laws. He also offers some insight into the Driver Penalty Point program, and how that could be overhauled to create a more sensible system of keeping track of bad drivers.
But before that, I talk about the Senate of Canada's vote to remove the random breath testing provisions from Bill C-46, and why that is an important step toward ensuring the constitutional validity of the bill.
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An ongoing case recently aired at a small claims court in BC could have wider implications for insurance cases in the province. A driver named Angela Seeley who crashed her car is suing the Insurance Corporation of British Columbia (ICBC) for refusing to honour her insurance claim. ICBC believes Ms. Seeley was impaired at the time of the collision and it alleges she lied by saying she had nothing to drink before it happened. Ms. Seeley agrees her driving was affected leading up to the crash, however, not by drinking but by texting.
This case raises some interesting points about why someone would admit to using their phone while driving but deny having consumed alcohol before driving. What are the differences between driving while impaired and driving while distracted? What are their implications for insurance claims and, crucially, how severely they are punished?
The law is a funny thing. It applies in all sorts of really interesting scenarios, and much of it seems rather straightforward. But sometimes the law can be weird and wacky. Sometimes the law can apply in strange circumstances that do not make much sense at all. Or, the particular facts of a case and be so unusual that they will make you laugh. Or cry. Or both.
For that reason, I've started a new weekly blog series called Weird and Wacky Wednesdays. In this series, I will do a roundup of a few cases that are weird, wacky, or otherwise strange and interesting. My hope is to provide a quick summary of the case and a discussion about some interesting legal issues that arise in the case.
So here we go with Round One!
On Episode Five of Driving Law with Kyla Lee I sat down with Paul Doroshenko from Acumen Law Corporation. We talked about the changes to ICBC's Driver Risk Premium, which will increase premiums for drivers who are convicted of any high risk offences. And in the second half of the episode, I spoke with Acumen's Agnes Tong about how DUI convictions will impact your ability to enter Canada or remain in Canada as a visitor or Permanent Resident.
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Challenging a traffic ticket for speeding can be difficult. The evidence that an officer must adduce to show that the measurement of speed was accurate is relatively straightforward. And couple an external speed measurement using laser or radar with a speed estimate from the officer, and only a highly skilled person can succeed in traffic court.
Recently, a BC Provincial Court decision showed just how difficult it can be to succeed in these cases.
In last week's episode of Driving Law with Kyla Lee, I sat down with Roy Ho of Acumen Law Corporation to talk about ICBC and insurance breach investigations. In particular, Roy and I discussed how your insurance is affected by impaired driving charges and how ICBC will breach insurance coverage after an impaired driving incident. For anyone affected by an impaired driving case involving an accident, this episode is a must-listen to know whether ICBC will provide coverage in a DUI accident.
In the second half of the episode, Roy and I also discuss the changes to British Columbia's Insurance Vehicle Act and coverage for minor injury claims.
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The Senate is currently considering legislation aimed at targeting the problem of impaired drivers on our roadways. It's a noble goal to be sure. However, the law has the potential to significantly impact small business, and in particular businesses that rely on driving and transportation.
Part of Bill C-46 involves the creation of a criminal law scheme that addresses the potential risks of marijuana-impaired driving. However, the bill proposes adding a new criminal offence of impaired driving at certain blood alcohol concentrations of THC, and imposing particular sentences for these offences. These are known in law as per se limits.
On the third episode of Driving Law with Kyla Lee, I talk to Grant Gotgettreu, a former West Vancouver Police Department Corporal and Integrated Road Safety Unit Corporal about speed estimation, and speed measurement using laser and radar. Grant is known for his history of laser and radar speed enforcement and his unbeaten record of issuing excessive speeding tickets. We also play a hilarious, albeit vulgar, recording of Grant interacting with one particularly unimpressed driver whose car is being impounded. (Free legal advice: don't do that.)
In the second half of the episode, I speak with Paul Doroshenko also of Acumen Law Corporation about the changes to the alcohol-impaired driving laws being quietly added in with the marijuana amendments.
Vancouver Criminal Lawyer with a focus on impaired driving, cannabis legalization and related issues, and immediate roadside prohibition defence.