This week, we examine a constitutional challenge out of Nunavut involving mandatory driving prohibitions, break down a significant impaired driving Charter ruling in British Columbia, and discuss proposed changes that could allow paralegals to handle serious driving offences. Plus, Florida earns Ridiculous Driver of the Week.
The Nunavut Court of Appeal is set to consider whether a mandatory one-year driving prohibition amounts to cruel and unusual punishment when applied to Inuit hunters who rely on snowmobiles to access traditional hunting grounds. The Crown conceded the constitutional issue at trial, but the judge declined to accept the concession without evidence — setting up an important appellate review.
In British Columbia, the Supreme Court released a significant impaired driving decision analyzing unlawful detention, improper ASD procedures, and the application of the Supreme Court of Canada’s decision in Zacharias. The ruling confirms that evidence obtained through a non-compliant roadside demand cannot form the basis for a later breath demand — a critical clarification in impaired driving law.
We also discuss the province’s consultation process on expanding paralegal authority into traffic and summary conviction matters. While framed as an access to justice measure, the proposal raises serious concerns about complexity, competency, and the real impact on defendants facing jail, deportation, or licence loss.
Stream Episode 440 for the full discussion.
