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Police officers in B.C. are getting a $10 million cash injection from Ottawa to help fight drug-impaired driving. It comes just seven months after Canada legalizes marijuana. 

Kyla Lee applauds the decision to train more officers in the field sobriety testing. However, she says any police department that decides to use roadside testing machines can expect more drug-impaired driving cases to be challenged in court.

“It is about making sure that they pick the most appropriate equipment that can withstand the challenges and meet the goals of the police, public safety, and still comply with our constitutional laws.

To watch the full interview, click here.

The post Kyla Lee on City News appeared first on Acumen Law Corporation.

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VANCOUVER (NEWS 1130) – B.C. police are getting a $10 million cash injection from Ottawa to fight drug-impaired driving.

Organized Crime Minister Bill Blair announced the money will be spread out across the province over five years to train more officers in Standardized Field Sobriety Testing (SFST) and Drug Recognition.

“What they’re going to be trying to do with this funding is incentivize police to make the financial investment to buy the Dräger 5000 or the new one if it’s ultimately approved,” Lee said. “Just because there’s been a lot of reluctance from police forces in British Columbia to purchase these devices and implement them, in part, probably due to the extensive cost and their vulnerability to constitutional challenges.”

To read the full article, click here.

The post Kyla Lee on News 1130 appeared first on Acumen Law Corporation.

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It’s a tasty addition to any meal, but can Grey Poupon register on a breathalyzer? The mustard brand contains white wine but does this show up on a breathalyzer? Acumen Law Corporation lawyers Kyla Lee and Paul Doroshenko will be testing to see if the condiment can give, what would appear to be, an alcohol reading on an approved screening device (ASD).

In “Can You Fail It?” we put everyday household consumables to the test to ask, Can You Fail It? That is, can you give a false positive reading on a breathalyzer after consuming it.

Remember, we are testing whether these products will generate a false positive reading on an ASD. Some items may or may not register on an ASD when they are present in your mouth. They do not necessarily have to be absorbed by your body to show up on a breathalyzer.

Watch the video to find out, Can You Fail It?

The post Can You Fail a Breathalyzer with Grey Poupon? appeared first on Acumen Law Corporation.

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The federal government announced today that it will be paying for Dräger DrugTest 5000 devices in BC. The money is part of funding being given to police forces across Canada to enforce new impaired driving laws.

Organized Crime Reduction Minister Bill Blair was at Vancouver Police Department (VPD) headquarters today (Tuesday) to announce $10.1 million over five years for BC police to fight drug-impaired driving. The money is part of a previously announced $81 million the federal government has promised to provinces and territories for public and road safety activities. It follows a similar announcement recently of $17 million over five years for Ontario police for the same purposes.

The money will be spread out over five years and will go towards training BC police officers in standardized field sobriety testing (SFST), Training for Drug Recognition Experts (DREs) and new roadside drug testing devices.  

Minister Blair said that the money would be also be used to establish dedicated trainers to deliver new training to officers. He added part of the funding will be used to buy drug screening devices to develop “standardized data collection and reporting practices to help the province get a clear picture of the extent of the problem, analyze trends, identify gaps and respond appropriately”.

The extra funding has been welcomed by Chief Adam Palmer of the VPD who said there will soon be 20 DREs in Vancouver in addition to 200 trained sobriety testers on the city’s highways. But the question still needs to be asked, do we really need them? Let’s face it, de facto legalization of cannabis has been in operation for years during which time police have effectively turned a blind eye to marijuana use. What’s more, by their own admission, there has not been a sudden spike in the number of drug-impaired drivers following legalization. A grand total of 20 people have been charged under the Cannabis Act so far  – hardly a huge number. So why do we suddenly need so many extra SFST-trained officers and DREs?

At Acumen Law Corporation, we are concerned that this funding is being wasted. The Dräger DrugTest 5000 is in the unusual position of having been approved for use in Canada by the federal government while also being widely rejected by police forces across the country. This includes the VPD, the same force where the announcement was made today publically stated it would not be using the Draeger machine.

Our problems with the Dräger DrugTest 5000 are well documented. From questions about its accuracy to its ability to function only in temperatures between four to 40 degrees celsius rendering it useless for much of Canada for large parts of the year. It’s also fair to say there is little public faith or support in the device. More importantly, however, a major sticking point for police forces has been the cost.

Each device costs an estimated $6,000 although the overall investment might be as high as $10,000. Each time an officer wants to make a test, it will cost $20 for a disposable cartridge. The price tag dissuaded lots of cash-strapped police forces from buying them, especially since they would need to purchase multiple devices.

Given that so many police forces have said they are worried over the cost of the devices, the government is doubling down on its support for the Dräger DrugTest 5000 by paying for them to be used in BC. The government can, therefore, trump concerns over cost by paying for them itself. The threat of a constitutional challenge hangs over the Dräger DrugTest 5000 meaning if it is found to be invalid, the government will have wasted precious police funding. We believe the money would be better spent on researching alternative devices or methods for roadside drug impairment. Until then, the government will be footing the bill for a device that police do not want to use and is not fit for purpose.

The post Government to fund Dräger DrugTest 5000 devices in BC appeared first on Acumen Law Corporation.

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It’s a tasty addition to any meal, but can Grey Poupon register on a breathalyzer? The mustard brand contains white wine but does this show up on a breathalyzer? Acumen Law Corporation lawyers Kyla Lee and Paul Doroshenko will be testing to see if the condiment can give, what would appear to be, an alcohol reading on an approved screening device (ASD).

In “Can You Fail It?” we put everyday household consumables to the test to ask, Can You Fail It? That is, can you give a false positive reading on a breathalyzer after consuming it.

Remember, we are testing whether these products will generate a false positive reading on an ASD. Some items may or may not register on an ASD when they are present in your mouth. They do not necessarily have to be absorbed by your body to show up on a breathalyzer.

Watch the video to find out, Can You Fail It?

The post Can You Fail a Breathalyzer with Grey Poupon? appeared first on Acumen Law Corporation.

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Ten years ago, a close friend of Vancouver City Coun. Pete Fry suffered a serious head injury in a car accident.

“I saw the impacts of a head injury and what that does, not just for the individual, but also the people who care about them,” said Fry.

On Tuesday, Fry is moving for the city to pilot a 30 km/h speed limit on residential streets in an effort to reduce vehicle-related injuries and fatalities.

Not everyone is convinced. Criminal defence lawyer Kyla Lee worries the lack of signage would confuse visiting drivers. She thinks the city should focus on preventing accidents in larger intersections, where injuries and deaths are more common.

“It doesn’t address the real concerns of pedestrian deaths or get us closer to zero (deaths),” she said.

Click here to read the full article.

The post Kyla Lee on Vancouver Sun appeared first on Acumen Law Corporation.

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In the aftermath of last week’s money laundering revelations at least one lawyer is calling for the Law Society of B.C. to take much harsher action with lawyers complicit in such behaviour.

After the 2nd phase Peter German report into money laundering raised the possibility lawyers may be willingly or unwittingly helping Acumen Law’s Kyla Lee was asked if that kind of activity is going on.

Lee says while the Law Society has some harsh consequences for lawyers crossing the line it is also not doing enough to tackle the issue of lawyer’s trust accounts that may be being used for money laundering.

“I think the Law Society is going to have to develop a framework for its own investigations into money that is coming into lawyer’s trust accounts to ensure that it is not part of money laundering. As well as perhaps developing its own investigative force to deal specifically with that issue.”

To read the full article, click here.

The post Kyla Lee Calls for the Law Society of B.C. to Do More to Address Money Laundering appeared first on Acumen Law Corporation.

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses Negligent Investigation.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

John Connelly sued the Toronto Police as a result of an investigation that the police conducted into his son’s suicide. Although the police had labelled the death a suicide, Mr. Connelly and his family disagreed and thought that there was foul play at issue.

Because they couldn’t persuade anyone to share their opinion of what had happened, they decided to try to persuade the police through a lawsuit for negligent investigation arguing that the police had been negligent in not investigating whether or not the suicide was in fact, something more nefarious.

The action against the Toronto Police was dismissed on summary judgement on the basis of the fact that there is no standing to sue for negligent investigation if you are the survivor of an investigation involving a deceased person.

The Supreme Court of Canada missed the opportunity here to make things fair for people who are desperate at the hands of police and how they conduct their investigations.

Watch the video for more.

The post Negligent Investigation: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! appeared first on Acumen Law Corporation.

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In Vancouver, there were 565 motor vehicle collisions involving pedestrians in 2017, according to the Insurance Corporation of British Columbia (ICBC).

Vancouver City Councillor Pete Fry is proposing a pilot project to test the effectiveness of a 30 km/h speed limit on local roads — those without a centre line. The current speed limit for such roads is 50 km/h.

But enforcing a 30 km/h speed limit on all of Vancouver’s narrow residential roads will prove difficult, making it a bad law, said a lawyer who specializes in driving law.

“You’re going to create a speed limit that everybody will quickly learn will not be enforced,” said Kyla Lee with Acumen Law.

“High-risk drivers exist everywhere, and those people are going to barrel down those roads at 70 km/h, regardless of what the speed limit is.”

To read the full article, click here.

The post Kyla Lee on The Star Vancouver regarding the 30 km/h Speed Limit appeared first on Acumen Law Corporation.

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The B.C. government revealed on Tuesday a list of dangerous intersections, with a promise that vehicles caught speeding through them — on red, amber or green — would be photographed and ticketed.

Vancouver lawyer Kyla Lee, who defends people with speeding tickets, saw two problems with the automated speeding-ticket program.

Firstly, by not telling drivers what speed would activate the camera, she said some people would drive at dangerously slow speeds through the intersection, while others would take a risk that the limit was set high.

Secondly, she was confident automatic speeding tickets would be challenged in court because they lacked human corroboration.

“Now we have these speed cameras at intersections, but there’s nobody who is actually confirming it’s being triggered at the appropriate speed to ensure it is operating reliably at the time that it’s being measured,” she said.

To read the full article, click here.

The post Kyla Lee Saw Two Problems with the Automated Speeding-Ticket Program in 35 B.C. Intersections appeared first on Acumen Law Corporation.

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