This week, Kyla Lee hosts the podcast solo and discusses a troubling impaired driving case involving police deception about access to counsel, along with proposed legislation that could expand police tracking powers.
In this episode, Kyla highlights a recent impaired driving case where police delayed reading an Approved Screening Device demand in order to ask incriminating questions. Courts are increasingly emphasizing that these demands must be made immediately, and even short delays can lead to Charter violations. The case also involved police misleading the accused about whether her lawyer of choice was available, conduct the court described as a serious breach of constitutional rights.
Kyla also discusses proposed federal legislation that would lower the legal standard required for police to obtain tracking warrants while expanding the types of devices that could be tracked. The bill raises significant privacy concerns because it may allow investigators to track not only vehicles but also phones and other personal devices.
Finally, the episode reviews a sentencing appeal dealing with driving prohibitions following impaired driving convictions. Changes to the Criminal Code mean that time spent under bail conditions prohibiting driving no longer reduces the length of the post-conviction driving prohibition.
Stream Episode 444 for the full discussion.
