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.

A major Charter challenge hits a wall as the Supreme Court of Canada declines to hear the case on mandatory roadside breath testing. This week on Driving Law, Kyla Lee and Paul Doroshenko explain why the decision effectively ends the legal fight over mandatory ASD demands — and what it means for drivers going forward. The discussion also turns to growing concerns around police surveillance, as a Surrey city councillor proposes expanded police access to traffic cameras, raising serious privacy and overreach questions. The episode wraps with a troubling story involving political influence, roadblocks near a golf course, and why transparency still matters in policing decisions. 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.

A new year brings new developments in driving law. This week on Driving Law, Kyla Lee and Paul Doroshenko break down Saskatchewan police officially implementing mandatory alcohol screening and why British Columbia continues to resist widespread use of the practice. They also discuss a significant Ontario case reinforcing the right to silence, concerns around police questioning after arrest, and what drivers actually need to know about speaking to police. Plus, the first Ridiculous Driver of 2026 — a driver who wasn’t really driving at all — raises serious questions about police response, vehicle technology, and the future of road safety. 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.

This week on Driving Law, Kyla Lee and Paul Doroshenko break down major developments affecting drivers, including the real-world impact of legislative changes, court decisions shaping delay and disclosure, and what these shifts mean for fairness in the justice system. The conversation covers why procedural shortcuts matter, how traffic and impaired driving cases are being reshaped, and where drivers can get caught in the middle. The episode wraps with a lighthearted reminder to make safe choices during the holidays — Kyla and Paul debut their new Christmas song, “All I Want for Christmas Is You to Drive Me Home,” starting at 28:41. 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 unpack Bill C-16, the federal government’s sweeping criminal law overhaul that directly impacts impaired driving cases, court delays, and mandatory minimum sentences. They explain how the bill undermines Jordan delay protections, expands police evidence retention timelines, and excludes impaired driving from a new sentencing “safety valve.” The episode wraps with a Ridiculous Driver of the Week involving yet another vehicle — this time a CVS enforcement officer — crashing into the same B.C. family’s backyard. 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 unpack a troubling Ontario ruling that lets police get away with an invalid ASD demand simply because they could have made a different one. They also break down a BC decision on withdrawing a guilty plea, the ongoing conflict between Uber drivers and device-use laws, and Ontario’s wild new proposal forcing impaired drivers to pay child support. Plus, this week’s Ridiculous Driver: the 21-year-old who wrapped his truck in Christmas lights and then doubled the speed limit. 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.

A new episode of Driving Law is now available to stream! 🚙⚖️ This week on Driving Law, Paul and I dig into a Nanaimo case where an elderly driver earned 215 demerits on a medical assessment but was still allowed to drive during review. We unpack what “procedural fairness” looks like, why doctors are required to report medical concerns, and why the headlines may not match the law. We also break down a B.C. Supreme Court judicial review involving improperly sworn police documents, troubling U.S. surveillance tactics with hidden roadside cameras, and—of course—the Ridiculous Driver of the Week: a dump truck in Richmond pushing a Tesla down Highway 99 in a full-on road rage display. 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 spoken — and it’s not the news we hoped for. This week on Driving Law, Kyla and Paul break down the SCC’s new decisions in Goldson and related cases on the admissibility of breath-test standards, why the “trust us, we’re government” approach undermines fair trials, and what Justice Côté’s dissent could mean for future constitutional challenges. And for the Ridiculous Driver of the Week: a man in Hamilton takes “take the bus” a little too literally — stealing a city bus and driving it safely along its route, picking up passengers along the way. Stream Episode 428 for the full discussion and all the legal fallout. 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 unpack a major refusal case out of B.C. that finally tests Saskatchewan’s landmark ruling on intent — does the Crown have to prove a driver meant to fail a breath test? They also dive into a troubling Alberta decision on police eavesdropping in ambulances, what it means for medical privacy, and why passengers might want to tell officers to stay outside. Plus, a Nova Scotia case that narrows mandatory jail rules for impaired causing bodily harm, and the Ridiculous Driver of the Week: a Tesla that plowed through the front of the Richmond IKEA. Listen now for smart legal insight, a few laughs, and an inside look at how driving law keeps evolving 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.

Kyla Lee and Paul Doroshenko return to unpack the post-strike chaos at RoadSafetyBC. IRP hearings are being rushed, disclosure is delayed, and procedural fairness is on the brink — creating real legal issues for drivers and lawyers alike. They also talk about the ongoing Lapu-Lapu case, trial delays, and this week’s Ridiculous Driver — a woman who crashed an SUV into a hospital waiting room in Cowichan. Stream Episode 426 — “IRP Chaos, Strike Fallout, and the Case That Won’t End.” 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 Canada’s new bail reform legislation and how it quietly changes the Criminal Code to bring back discretionary driving prohibitions in serious offences like criminal negligence and manslaughter. They explain what this means for drivers, defence lawyers, and why the timing of a plea could make a difference. Kyla also addresses controversy around ICBC’s Indigenous driver support hotline — pushing back on racist commentary and reminding listeners that reconciliation and accessibility still matter in the justice system. Finally, the Ridiculous Drivers of the Week include a Lamborghini driver speeding through winter without proper tires, and a Halifax woman who stole a fire truck and somehow didn’t crash it. Listen now for sharp legal analysis, real-world driving law insights, and a little humour along the way. 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

Kyla and Paul open with Ontario’s R v. Klemp, where a breath-test certificate of a qualified technician was excluded because it was only shown to the accused, not given as the Criminal Code requires—a reminder that if the Crown wants hearsay shortcuts, it must strictly comply. They kick around the disclosure wrinkle of implied-undertaking “ownership” versus the court’s notion of permanent transfer, and how defence counsel might demand an express waiver. Then they unpack Ottawa’s latest “tough on crime” talk: expanded reverse-onus for bail, rhetoric about consecutive sentences, and curbing conditional sentences—why most of this won’t move the needle, except perhaps encouraging more consecutive terms in serious driving cases, while undermining proven, rehabilitative CSOs. Ridiculous Driver of the Week caps it off with timely spooky season flair: an Ontario learner caught using a model skeleton as the required supervising driver 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

Fresh off a sleepless night thanks to an elderly, opinionated dog, Kyla and Paul dive into a tough week on BC roads and in BC politics. With the public-sector strike still at an impasse, they pivot to a spate of high-profile road-rage cases in North Vancouver, Winnipeg, and Ontario. Kyla explains why we don’t need a new “road-rage law” when the Criminal Code already covers assaults, threats, dangerous driving, and leaving the scene, and offers practical advice: protect your own safety first and keep your cool. They then unpack “Xavier’s Law,” a proposal to yank licences indefinitely after any fatal crash until charges are declined or a trial ends, and lay out the legal problems: undefined timelines, no clear trigger when prosecutors quietly decline charges, constitutional issues akin to Alberta’s struck-down indefinite suspensions, perverse effects on plea discussions, and the fact that BC already has high-risk administrative prohibitions if police believe someone is unsafe. The Ridiculous Driver of the Week crosses the border to Florida, where a habitual violator on a driving prohibition left an idling car by a school and then allegedly punched and bit officers when told to shut it down—an object lesson in how quickly minor misconduct can become major charges. 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

Fresh off a court appearance, Kyla and Paul cover BC’s October 1 snow-tire rule and how routine compliance stops can lawfully lead to mandatory breath demands, then dig into the compounding chaos from ongoing job action: IRP hearings cancelled or pushed without consultation, a court petition filed and served, and a tentative hardship path for temporary licences while the case waits on tribunal reasons. They flag new confusion over where to pay tickets after ICBC reportedly stopped accepting payments, the ripple effects of a Canada Post strike on prohibition notices, licence and insurance renewals, and traffic-court scheduling, plus potential knock-on disruptions from sympathy actions like BC Ferries. To close out spooky season, the Ridiculous Driver of the Week is a real-life “phantom” — the helmeted F1 look-alike finally nabbed in his driveway after years of blasting along Czech highways. 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 unpack how BC’s public-sector job action has frozen Immediate Roadside Prohibition hearings and delayed decisions, leaving drivers punished without a path to challenge. They explain why blanket adjournments without dates breach procedural fairness, the legal demands made to the Superintendent and Solicitor General, and a test-case petition filed to push back against government inaction. Finally, the Ridiculous Drivers of the Week are political: BC’s finance minister racks up six thousand dollars in limo charges on a US trip, and Ontario’s premier calls traffic cameras a cash grab after years of backing them. 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