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Canadians could now be charged with drunk driving — even if not drunk, lawyers warn

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Canadians could now face criminal charges for driving with illegal amounts of alcohol in their system, even if they were stone cold sober while behind the wheel, under tough new impaired driving laws passed by Parliament, according to criminal defence lawyers.

Bill C-46, which came into effect last month, gives police wide-ranging new powers to demand sobriety tests from drivers, boaters and even canoeists.

Police no longer need to have any reasonable grounds to suspect you’re impaired, or driving with a blood alcohol concentration (BAC) of more than .08, which is 80 milligrams of alcohol in 100 millilitres of blood, before demanding you submit to testing.

Refusing the test can result in a criminal charge.

But even drinking within two hours after you’ve stopped driving or boating could now get you arrested, if your BAC rises over .08

Defence lawyer Daniel Brown says part of the bill may be unconstitutional. (CBC)

Law is unconstitutional, lawyer says

“I think anyone should have a problem with this legislation, because it’s unconstitutional,” Toronto lawyer Daniel Brown said.

When introducing the bill, federal Justice Minister Jody Wilson-Raybould said the law would help crack down on people who consume large quantities of alcohol in a short period, then drive or boat, hoping to get home before the alcohol is fully absorbed into their systems.

Previously, if drivers could prove they weren’t yet over the legal limit  when they were stopped by police, a court could find them innocent.

The new law removes that defence.

“Its primary purpose is to eliminate risky behaviour associated with bolus drinking, sometimes referred to as drinking and dashing” Wilson-Raybould told Parliament.

But Brown calls the law a solution for a problem that rarely existed and claims it will “criminalize Canadians who have done nothing wrong.”

He points to number of scenarios where people park their cars with no intention of driving anytime soon, then start drinking.

“You can imagine a situation where a husband and wife are out together. The husband drives to the bar knowing the wife will be the designated driver on the way home, and she’s not going to be consuming alcohol that night. The husband drinks alcohol and is now over the limit and has driven a vehicle within the previous two hours,” said Brown.

Brown says police can legally enter the bar, or wait for the couple to leave the establishment and demand a breath sample from the husband.

“Even if he’s walking to the passenger side of the car, if he is now over 80,” added Brown, he could be arrested.

Arrest has serious consequences

An arrest for driving over the limit comes with an automatic 90-day driver’s licence suspension and potentially increased insurance premiums. Those who fight the criminal charge in court would likely have to spend thousands of dollars on legal fees as well.

According to several lawyers canvassed by CBC News, police can come to your home up to two hours after you stopped driving or boating to test your sobriety.

RCMP Const. Raymond Lee speaks with a motorist while looking for impaired drivers during a roadside check in Surrey, B.C. A Toronto lawyer says a bill that toughens impaired driving laws is ‘a breach of the charter.’ (Darryl Dyck/Canadian Press)

Potentially complicating matters is the fact the charge is considered a “reverse onus” in legal terms. Essentially, that means police don’t have to prove your BAC was over the limit when you were driving, or boating two hours earlier.

It’s now up to you to prove you were sober.

It’s unclear if anyone in Canada has been arrested under the new two hour law yet, but lawyers CBC News has spoken to insist any such case will be fought all the way to the Supreme Court of Canada to test the law’s constitutionality.

And Ontario’s Criminal Lawyers’ Association has warned the government the law could result in thousands of wrongful convictions.

‘Fear mongering,’ MADD says

But Andy Murie of Mothers Against Drunk Driving (MADD) says lawyers have got it wrong and accuses them of “fear mongering.”  

Murie, who is not a lawyer, insists police still need probable cause to demand a sobriety test.

“Only if [police] suspect that you’ve committed an offence of drunk driving and they are following the investigation, and that investigation took them to your house or your bar” can they demand a sobriety test, he said.

Murie says a spot check would be an exception, and police can legally test everyone stopped.

Toronto criminal defence lawyer Calvin Barry, who has defended hundreds of drunk driving cases, says MADD has it wrong.

“Police do not require reasonable suspicion any longer,” Barry told CBC News..

Barry also warns Canadians they can be arrested and charged within the new two-hour time frame if their BAC has risen over the limit — even if they had been sober when they parked their car and planned to take a cab or transit home later.

“That is just a flagrant contravention of one’s civil liberties and a breach of the charter,” Barry said.

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Canadian Tech Calling: Moon and Mars and Mobile Phones

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Canadian technological know-how is helping develop reliable mobile communications for next-generation space missions, including manned missions to the Moon, Mars and beyond.

With many eyes here on Earth now focused on Mars, following the successful journey of ‘Percy’, the roving space exploration vehicle more formally known as Perseverance that is now cruising the Martian landscape, the continued role of Canadian researchers and technologists in space exploration has also drawn more attention.

A team of researchers at Simon Fraser University is working to make LTE/4G and Wi-Fi communications systems on the Moon a reality, along with others in the U.S. and Canada, under the umbrella of the Artemis Program at NASA.

That project will see the return of human beings to the Moon by 2024, and then to the surface of Mars after that.

As part of those efforts, NASA selected Nokia Bell Labs to build a test network and communications infrastructure to build interoperability standards among future cellular and Wi-Fi networks, so that all types of devices can be connected and support Artemis.

The network must provide critical communication capabilities for many different data transmission applications, including command and control functions; real-time navigation and remote control of surface rovers; as well as the streaming of high definition video, applications that are all vital to long-term human presence on a lunar or planetary surface.

“It sounds like far-out stuff, building networks on the Moon, Mars and even further out in our solar system,” says Stephen Braham, the director of the PolyLAB for Advanced Collaborative Networking at SFU. “But we’re actually testing Nokia’s technology right now.”

SFU’s PolyLAB for Advanced Collaborative Networking is doing some of that work at its Exploration Wireless Communications testbed at Vancouver’s Harbour Centre, in collaboration with the Canadian Space Agency (CSA).

“(This is) what will allow us to build the ladder of technology standards needed to get cellular networks off Earth and into the solar system,” Braham said in a statement.

NASA and the CSA handed that critical testing to Braham and the scientists at PolyLAB, the Canadian component of what’s called the Exploration Wireless Communications (ExWC).

“Before space agencies can adopt these technologies, we need to prove we can operate between multiple vendors and different agencies, which is why NASA and CSA supports the ExWC testbed,” he continued.

The ExWC testbed launched back in 2018, testing high-speed wireless communications systems for space use, including 5G-forward LTE solutions and advanced Wi-Fi.

The SFU radio transmission systems, in the lab and on masts in the mountains in B.C. and the Yukon, are tested with various vendors and leading telecom providers, such including Vancouver-based Star Solutions and Sierra Wireless, another local company, as well as international telecommunications firms like Nokia.

Braham and associate professor Peter Anderson, who directs the SFU Telematics Research Laboratory that includes PolyLAB, both have extensive track records working on communication systems for NASA and the Canadian Space Agency (CSA).

It includes extensive research on very early cellular and Wi-Fi networks in the Canadian High Arctic, where advanced field communications systems were set up to support the SETI Institute and Mars Institute-lead NASA Haughton-Mars Project (HMP) up on Devon Island. 

That’s where Braham and his team tested the technology (developed in Canada) that became a big part of modern Wi-Fi, LTE, and now 5G technology, in order to meet up-front needs on human lunar missions if not all manned space flights.

From those early beginnings, the SFU team has now worked with other collaborators for the ongoing design and development of Canada’s prototype lunar/Mars surface communication networking systems, specifically the ExoMars rover, including Canadian space technology company MDA and the Canadian Communications Research Centre.

Braham is also an Associate Member on the Consultative Committee for Space Data Systems (CCSDS), supporting CSA during discussions and development of international standards for computing, networking, and communications in space. He also worked for many years as a member of the CSA’s nine-member Space Exploration Advisory Committee (SEAC), providing community leadership and representation in aspects of human space exploration in Canada.

But, when space agency officials announced recently that a Canadian will be aboard when NASA returns to the Moon in 2023, well, Braham was not named as that astronaut.

Nevertheless, with his and his team’s help, that astronaut will make Canada the second country in history to have someone travel into deep space and fly around the Moon.

And maybe use a mobile phone to call us and tell us all about it.

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Canadian Consumer Coalition Calls for Affordable Internet on National Day of Action

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Tomorrow, Tuesday, March 16, a national day of action will be staged by Canadian consumer advocates, social justice groups, telecom policy experts, digital activists, and independent ISPs, or Internet Service Providers.

In a series of scheduled virtual events, there will be calls for the federal government and telecom regulators to take action and ensure affordable Internet and wireless services are available to all Canadians.

The free online event is open to the public, and planners and scheduled participants in the Day of Action for Affordable Internet hope consumers themselves will them in urging a range of actions be taken by the federal government, the CRTC and the country’s Competition Bureau.

Advocating for a more affordable Internet will be: ACORN Canada; Brookfield Institute for Innovation + Entrepreneurship; activist and author Cory Doctorow; Canada Research Chair in Internet and E-Commerce Law Michael Geist; The Internet Society Canada Chapter; OpenMedia; Public Interest Advocacy Centre; Ryerson Leadership Lab; Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic; and TekSavvy Solutions.

And while a lack of competition has long been cited as a reason for high prices in Canada, the fact that a majority of subscribers stick with the ‘Big Three’ is also a stumbling block to leveling the playing field, at  least price-wise.

Canada’s Competitive Network Operators, a trade organization made up of Internet and telecommunications service providers that own/operate telecommunications networks across the country, is also fighting for a fair Internet pricing and accessibility structure.

Pandemic Pressures

Affordable Internet activists point out that, throughout the current COVID-19 crisis, reliable and affordable connectivity became even more essential. So did many things, in fact: many we had never deemed as so important, relevant or even as noteworthy as high speed Internet.

“The affordability and accessibility of the [I]nternet has never been more critical,” says Franca Palazzo, one of the event participants and the executive director of the Internet Society, Canada Chapter. “More than ever, we are being asked to work, learn and connect online.”

While it is true that many of our fellow Canadians are struggling to make ends meet during this pandemic, and they struggle, the coalition says, to pay some of the highest telecom bills in the world (while others can’t even get high-quality reliable connections), it is also true that many of us are using our high-speed connections more than ever with no increase in cost or decrease in service as a result of our pandemic-related stay-at-home, work-at-home or school-at-home activities.

The big three providers in Canada – Bell, Rogers and Telus – are among those companies that lifted data caps on cable and fibre-based residential Internet services; it’s a corporate goodwill gesture made as a result of pandemic and public pressures. The caps have been lifted until the end of June, where and when possible. (The Liberal government has directed the country’s largest telecom providers to cut specific cellphone prices in general.)

Not everyone is eligible for the pandemic discounts, however: some folks still using cellular (where, for example, high speed networking is not available) for their Internet connections are unable to get discounts because, the telecoms say, bandwidth and capacity would be threatened if caps were removed from cellular service.

“The digital divide in Canada is sometimes portrayed as exclusively a rural-urban divide,” says Sam Andrey, the director of policy and research at Ryerson Leadership Lab, where research and analysis into Internet usage is conducted. “But even in Canada’s largest cities, there are persistent gaps in access to digital services, devices and affordable [I]nternet at sufficient speeds that map onto other socioeconomic inequities, including income, age, race and ability,” he adds.

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Brim Financial Raises $25M Series B to transform the way people bank and shop

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TORONTO, March 16, 2021 /PRNewswire/ – Brim Financial (Brim), a Canadian next-generation Fintech company and certified credit card issuer, today announced the close of a $25M Series B, co-led by Desjardins Group and US-based EPIC Ventures with strong participation from Canadian and US based investors including goeasy Ltd., White Owl and Impression Ventures.

Brim’s state-of-the-art technology stack and credit cards infrastructure leverages the company’s ability to directly access the payment rails as an issuer, enabling Brim to deliver a fundamentally transformative ecosystem of financial products for consumers and businesses.

The Series B financing will bolster Brim’s Platform as a Service (PaaS). Brim’s B2B2C strategy enables any bank, credit union, fintech or large commercial partner to seamlessly roll out Brim’s financial products platform, credit cards and integrated buy-now pay-later solutions, mobile and digital banking, and behavior-driven customer engagement, all embedded with a best-in-class globally open loyalty and rewards ecosystem available in real-time at all merchants worldwide. With Brim’s Platform as a Service, partners have the ability to customize every element of the platform and leverage Brim’s end-to-end services, on a modular and turnkey basis.

Our technology stack powers banking, loyalty and integrated e-commerce on a single platform, with the customer experience at the center of it all” said Rasha Katabi, CEO and Founder of Brim Financial. “Today’s digital environment has brought a new sense of urgency for institutions to assess how they will interact with their customers. We are well positioned to be at the forefront of this transformation that’s shaping the way we live, connect and engage for decades to come, and we’re excited to be working with investors who share the same vision.”

Brim has expanded beyond the direct-to-consumer space enabling large partners to leverage their digital first platform, suite of credit cards and financial products, and a globally open rewards and e-commerce ecosystem. Brim seamlessly integrates buy-now pay-later capabilities in all of its revolving consumer and business credit card products, providing ultimate flexibility for customers with a uniquely and strongly differentiated ecosystem.

“We’re thrilled to be part of Brim’s next chapter. There is tremendous potential in the industry, both in Canada and in the US, and Brim is uniquely positioned to deliver a significant and much needed transformation.” said Ryan Hemingway, Managing Director at EPIC Ventures. “Brim is combining banking and commerce like we haven’t seen in North America.”

Merged with its scalable technology platform, Brim has the largest open loyalty and rewards ecosystem as Brim’s technology stack directly leverages the global payment network. Brim’s Loyalty and Rewards are live at all points of sale globally, both in physical stores and online.  Any merchant can be live and part of the ecosystem in less than 3 minutes.

“Brim’s platform delivers industry-leading payments technology to their customers at an astonishing pace,” Martin Brunelle, Vice-President, Growth, Acquisitions and Development at Desjardins Group.  “Desjardins has earmarked $100 M to invest in technology companies and investment funds who can support our different business units in their digital transformation needs.  We’re very excited to be partnering with Brim.”

With its platform built entirely from the ground up and directly on the global payment network, Brim is positioned to transform the future of the credit card industry and digital banking products with the world’s largest open loyalty and rewards ecosystem. Brim has notably on-boarded hundreds of merchants to its rewards ecosystem since its launch, and rapid expansion will continue to be a key focus for the company going forward.

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