Driving Law

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss several important impaired driving decisions, including a Quebec case confirming that proof of a qualified technician’s designation and training must be disclosed to the defence—despite recent Supreme Court rulings streamlining evidence. They also examine a key Ontario decision involving language barriers, where the failure to provide an interpreter resulted in a complete exclusion of evidence, and another case reinforcing that the right to counsel must be implemented without delay—even if privacy cannot immediately be guaranteed roadside. Plus, a Ridiculous Driver of the Week involving a school bus narrowly avoiding a devastating collision with a train. 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.

This week on Driving Law, Kyla Lee and Paul Doroshenko break down the Supreme Court of Canada’s decision in R v Singer, addressing when police can enter private property without a warrant. The Court held that police may enter property for the purpose of communicating with an occupant, but not for gathering evidence—drawing a difficult and highly fact-specific distinction that will shape future impaired driving investigations. The episode also explores a recent case involving a driver attempting to overturn a guilty plea for distracted driving due to misunderstanding demerit points, and what the Court of Appeal had to say about collateral consequences. Plus, a discussion on vehicle safety and whether crash testing has historically failed to account for women, and a Ridiculous Driver of the Week involving a Tesla driver allegedly asleep behind the wheel using self-driving mode. 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.

This week on Driving Law, Kyla Lee and Paul Doroshenko break down a major Supreme Court of Canada decision in R v Singer, addressing whether police can enter private property to investigate impaired driving complaints. The Court ruled that police may enter onto private property for the purpose of communicating with an occupant, but not for the purpose of gathering evidence. The decision draws a fine distinction between communication and investigation, leaving significant uncertainty about how the rule will be applied in practice. The episode explores what this means for drivers, how defence lawyers can challenge police conduct going forward, and what steps individuals can take to protect their privacy rights. Plus, the Ridiculous Driver of the Week features a vehicle modified with full window drapes instead of tint. 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.

This week on Driving Law, Kyla Lee flies solo while Paul recovers from illness and discusses her new British Columbia Impaired Driving Newsletter, which highlights important impaired driving cases and legal developments each week. Kyla breaks down a troubling impaired driving case where police delayed an Approved Screening Device demand to ask incriminating questions and then misled the accused about the availability of her lawyer of choice. The court ultimately excluded the breath samples due to serious Charter violations. She also examines proposed federal legislation that could expand police tracking warrants and lower the legal threshold for obtaining them, raising significant privacy concerns. Finally, Kyla discusses a sentencing appeal involving driving prohibitions and how changes to the Criminal Code mean time spent under bail conditions no longer counts toward a driving prohibition after conviction. 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.

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss a major Court of Appeal decision involving ICBC hit-and-run claims and whether victims must investigate crashes themselves in order to obtain compensation. The court ultimately rejected the idea that injured drivers should conduct their own investigations when police efforts have already failed to identify a suspect. They also examine a judicial review involving a roadside breath test refusal and the difficulties drivers face challenging Immediate Roadside Prohibitions. The discussion highlights how credibility assessments and vague roadside statements can be used to uphold driving prohibitions, raising broader concerns about fairness in the system. Plus, the Ridiculous Driver of the Week features an unbelievable police pursuit where a cruiser ends up high-centered on a trailer before another officer attempts a PIT maneuver. 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.

This week on Driving Law, Kyla and Paul discuss Vancouver’s decision to create its own in-house police training academy and what that could mean for policing standards and institutional knowledge in B.C. They also break down a traffic court appeal involving a distracted driving ticket and cross-examination fairness, and analyze an Alberta motorcycle case where a rider claimed he couldn’t hear police sirens because he modified his exhaust. With motorcycle season approaching and distracted driving enforcement month underway, this episode covers key legal principles drivers need to know. Plus, several Ridiculous Drivers of the Week — including a train barricade crash and a motorcycle flight gone wrong. 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.

This week on Driving Law, Kyla Lee discusses appearing at the Supreme Court of Canada on behalf of Women in Canadian Criminal Defence (WiCCD) in a case about compelled accident statements and the right to silence. The episode explores how roadside detention laws disproportionately impact women and marginalized people. Kyla and Paul also break down a major B.C. Court of Appeal decision upholding the Privacy Commissioner’s authority to ban Clearview AI’s facial recognition scraping in British Columbia, and discuss privacy breaches connected to the Lapu-Lapu Day tragedy. Plus, a Florida Jaguar driver wedges a convertible under a school bus and somehow survives — Ridiculous Driver of the Week. 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.

This week on Driving Law, Kyla Lee and Paul Doroshenko break down a constitutional challenge out of Nunavut arguing that mandatory driving prohibitions amount to cruel and unusual punishment for Inuit hunters. They also analyze a major B.C. impaired driving decision involving multiple Charter breaches and what it means for roadside investigations going forward. Plus, a discussion about proposed changes to allow paralegals to handle serious driving offences — and Florida earns Ridiculous Driver of the Week. 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. 1a19e590-0c39-11f1-a3e7-b95b31a367d1

This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a major Toronto police corruption scandal involving allegations of organized crime, database abuse, and violent criminal activity. The episode explores why unrestricted access to police databases poses serious risks to privacy, accountability, and the rule of law. They also break down a new BC Court of Appeal decision confirming that simply holding a cellphone while driving counts as “use” under the Motor Vehicle Act, and whether a necessity defence could ever apply in those circumstances. Plus, a Ridiculous Driver of the Week involving mechanics racing customers’ cars at extreme speeds on Highway 1. A timely discussion on police powers, civil liberties, and traffic enforcement in Canada. 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.

This week on Driving Law, Kyla and Paul dig into a packed week of driving law issues, including growing concerns over dangerously bright LED headlights, a Saskatchewan decision confirming necessity as a defence to a parking ticket, and new survey data on impaired driving enforcement in Canada. They also break down why public perception doesn’t always match legal reality when it comes to IRPs, interlocks, and roadside enforcement. Plus, a local Ridiculous Driver of the Week involving impaired drivers picking up… other impaired drivers. 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.

This week on Driving Law, Kyla Lee and Paul Doroshenko break down a major Supreme Court of Canada hearing that could fundamentally change police powers to conduct random traffic stops. At the centre of the case is Lumumba, a challenge rooted in repeated arbitrary stops and clear evidence of racial profiling. The discussion explores whether individual Charter remedies are enough to address a systemic problem, how subconscious bias plays a role in policing, and whether highway safety can still justify unfettered stop powers decades after they were first approved. The episode also looks at data-driven traffic enforcement, the limits of police discretion, and another classic B.C. overpass strike in Ridiculous Driver of the Week. 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.

The Supreme Court of Canada has granted leave in a major impaired-driving case that could reshape how “causing death” offences are interpreted. This week on Driving Law, Kyla Lee and Paul Doroshenko break down why the case matters, how Parliament rewrote the offence, and why the absence of a causation requirement raises serious fairness concerns. The episode also looks at a Saskatchewan decision on mandatory victim fine surcharges, why courts say they’re constitutional despite harsh outcomes, and a key privacy update after the Information and Privacy Commissioner ordered Richmond to shut down traffic-camera surveillance. The Ridiculous Driver of the Week heads to Georgia, where a suspect thought a golf cart was the perfect getaway vehicle. Listen now on all streaming platforms. 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.