Episode 406: Lawyers Behaving Badly, Charter Remedies, and Sentencing Complexity

This week on Driving Law, Kyla and Paul delve into a trio of compelling legal topics with wide-reaching implications. First, Kyla discusses a fresh Supreme Court of Canada ruling on miscarriages of justice, focusing on whether appellate courts can enter acquittals in cases where post-plea evidence reveals a wrongful conviction. The decision stems from a case involving undisclosed exculpatory evidence, and the outcome confirms courts can enter an acquittal if a new trial is unnecessary. Then, they explore the disciplinary suspension of a BC lawyer who received a 90-day IRP and attempted to leverage his status to avoid consequences—an act deemed "conduct unbecoming" by the Law Society. Kyla and Paul unpack the implications for lawyers and other regulated professionals who blur the lines between personal misconduct and professional ethics. Finally, they revisit the Bajwa case, where a man with a long history of driving prohibitions was filmed using the toilet at a police station after his arrest. Despite the Charter breach, the judge declined a stay of proceedings and instead considered the violation at sentencing. The case led to a nuanced ruling that balanced serious public safety concerns, collateral immigration consequences, and the art of sentencing—offering a detailed legal analysis that Kyla calls “a law school course in one decision.” Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com and 'Sit Still Jackson' at sitstilljackson.com.