Publication Bans, Judicial Recounts, Extradition, and Distracted Driving by an Interlock Device

A new BC Supreme Court policy concerning bans on publication, and closed courtrooms, permits automatic notification of applications for the media as well as a web site listing publication bans, to make it easier to determine if there is a publication ban is in place.Judicial Recounts: what is required for an automatic, or discretionary, judicial recount, and how the recount proceeds when one is required. Issues on a recount include whether it’s possible to determine the intention of the voter and whether a ballot has been marked in a way that could identify the voter. Extradition: the requirements, and threshold, for extradition are discussed in the context of a recent decision dealing with an extradition request by the United States in a securities fraud case. For a judge to order extradition they need only be satisfied that a properly instructed jury could convict, and not whether there is a defence, or if a conviction is likely. If a judge finds that this threshold has been met, the Minister of Justice then decides whether to actually extradite the person.Finally, an appeal leaves open the question of whether an interlock device is an electronic device, for the purpose of a distracted driving conviction. A driver can be required to install an interlock device to ensure they are not impaired by alcohol. The device needs to be held, and blown into, before a car will start and then, periodically, while driving to ensure continued sobriety. The case demonstrates the need to clarify the distracted driving laws in British Columbia.  Follow this link for a show transcript and links to the cases discussed.