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Justice committee If I could jump in on that as well, one concern that arises there, too, as expressed by the previous panel, is this issue that the disclosure obligation is for a record that's going to be related to any witness, which arguably includes the accused themselves. You can read that i
October 23rd, 2017Committee meeting
Kyla Lee
Justice committee I think this is very different from Ewanchuk, because it relies on an absence of evidence of actual consent. The way the wording is provided is where “there is no evidence” of actual consent, either “by words” or by actions on the part of the person who would be giving the consen
October 23rd, 2017Committee meeting
Kyla Lee
Justice committee From a practical perspective of being a defence lawyer and advising your client, let's say a case comes to you on something that you're not super familiar with and you resort to the Criminal Code to try to give an answer really quickly to somebody who's saying “What am I looking
October 23rd, 2017Committee meeting
Kyla Lee
Justice committee Yes. In British Columbia, we've seen the erosion of cross-examination through our immediate roadside prohibition scheme. I have personally dealt with cases in the Supreme Court of British Columbia on two occasions where police testimony by affidavit, through that mechanism, has
September 17th, 2018Committee meeting
Kyla Lee
Justice committee Yes. I apologize.
September 17th, 2018Committee meeting
Kyla Lee
Justice committee In our brief, I included a quote from the Supreme Court of Canada's decision in Innisfil Township v. Vespra Township about the importance of cross-examination. It's on page 9 of our brief. It refers to the fact that “the adversarial system, founded on cross-examination and the
September 17th, 2018Committee meeting
Kyla Lee
Justice committee I do. I don't deal with jury trials in my practice, but I did pay a lot of attention to the controversial trials last spring. I've also paid some attention to the peremptory challenge process in the United States and what takes place there in relation to peremptory challenges. I
September 17th, 2018Committee meeting
Kyla Lee
Justice committee I do agree. I have a lot of respect for Mr. Spratt. It does have the effect of eliminating diversity, because you can't use your challenges to create a more diverse, integrated jury and to create a jury that better represents society when you have a selection from people who are
September 17th, 2018Committee meeting
Kyla Lee
Justice committee I don't think so, because you have to take into consideration the nature of the underlying allegation and the prior conviction, and how serious the previous conviction was in relation to the second incident—whether it's an escalation of behaviour, what role the complainant had in
September 17th, 2018Committee meeting
Kyla Lee
Justice committee One of the studies that I cited there came from the U.S. National Resource Center on Domestic Violence, the Women of Colour Network, which looked at the issue of incarcerating people accused of domestic violence and found that it did lead to under-reporting. That's because in lot
September 17th, 2018Committee meeting
Kyla Lee
Justice committee Yes, absolutely.
September 17th, 2018Committee meeting
Kyla Lee
Justice committee I would have to say that I think some of the hybridization is actually a good thing that will decrease delays, particularly when it comes to my practice area of impaired driving causing bodily harm offences. It's more likely to lead to resolutions, I think, in circumstances where
September 17th, 2018Committee meeting
Kyla Lee