Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
This week on Weird and Wacky Wednesdays: Who Gets the Pets When Love Ends
I love my dog. Wrigley has been my companion, my friend, my protector and when I’m down, my primary emotional support. He has given me so much, and we have a deep emotional bond. Sadly, he’s very old now. He can’t hear. He pees on my kitchen floor. But we still enjoy our time together, he enjoys being with me and I love him so.
One can understand the emotional bond people have with their pets. Certainly few people think of their pets as a possession but more akin to an important person in their life. Years ago, in a relationship split, I ended up with Wrigley, and my ex ended up with our other dog. We didn’t go to court; it just seemed like a sensible way. Nevertheless, I found it hard, and I think of my other older companion very often to this day.
When relationships end, property gets divided. People often think of pets as family. The law does not always share that view. Courts are generally not interested in feelings or bonds people have with their pets, although there seems to be an increasing recognition that this should be considered. This week, we look at four weird and wacky cases that show how messy it gets when the law meets the emotional lives of people and their animals.
On November 14, 2025, the Supreme Court of Canada (SCC) delivered its judgment in R. v. Larocque, 2025 SCC 36, a companion case to R. v. Rousselle, 2025 SCC 35. This ruling clarifies the Crown’s evidentiary burden when prosecuting the “80 and over” offence, focusing specifically on how much information about the alcohol standard used in breath testing must be proven at trial.
The case revolved around Stéphane Larocque, who was stopped at a sobriety checkpoint and subsequently charged with operating a motor vehicle with a blood alcohol concentration (BAC) equal to or exceeding 80 mg percent. At trial, the Crown introduced certificates from the qualified technician and two analysts to satisfy the preconditions required to utilize the statutory presumption of accuracy in s. 320.31(1) of the Criminal Code.
The issue before the SCC was technical but highly significant: Must the Crown prove the specific numerical target value of the alcohol standard used during the system calibration check to benefit from the presumption of accuracy for breath sample analysis results?
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation examines a case involving the reclassification of firearms by the Canadian government, which changed some restricted firearms to prohibited. Firearm owners received notices from the Chief Firearms Officer that they were no longer permitted to possess certain firearms and were instructed to surrender them.
The affected individuals argued that this effectively revoked their firearms licences, which should have triggered review rights in provincial court. However, the courts disagreed, ruling that the issue was about regulatory classification, not revocation, and therefore outside the jurisdiction of the provincial court. The Supreme Court of Canada declined to hear the appeal.
This week on Driving Law, Kyla and Paul unpack the explosive private member’s bill known as Xavier’s Law — a proposal that would allow police to impose immediate 30-day driving bans with no appeal, no review, and no accountability.
Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
Immediate Roadside Prohibition Review Tips
IRP Review Decision updates and successes
DUI Decision of the Week: a helpful DUI case precedent
On November 14, 2025, the Supreme Court of Canada (SCC) settled a nationwide debate regarding breath alcohol testing evidence. In its decision, R. v. Rousselle, 2025 SCC 35, a companion case to R. v. Larocque, 2025 SCC 36, the Court confirmed that the Crown is not required to call an analyst to testify or file documents from the analyst in every impaired driving case to prove the reliability of the alcohol standard used in breath testing.
The central question was one of evidence: could the Crown rely solely on the certificate of the qualified technician, a police officer operating the approved instrument, to prove a precondition that the alcohol standard used was certified by an analyst?. The SCC answered a resounding yes.
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation examines a case involving language rights in criminal proceedings. The accused, Altamond Jr. Little, elected to have his trial in French. Due to complications with counsel and available resources, an interpreter was used—but the interpretation during trial was flawed. Although Mr. Little never raised the issue at trial and his lawyer did not object, he later argued on appeal that the imperfect interpretation led to an unfair trial. The Supreme Court of Canada declined to hear the case, missing an opportunity to clarify the standard for language rights in criminal trials.
This week on Driving Law, Kyla and Paul take on a deeply concerning Ontario ruling that blurs the line between lawful and unlawful ASD demands, raising major Charter implications. They also dig into a BC guilty plea decision affecting Uber drivers, Ontario’s proposal for child-support penalties, and a festive but illegal Ridiculous Driver of the Week.
Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
Immediate Roadside Prohibition Review Tips!
Impaired driving case updates and successes
DUI Decision of the Week: an important DUI case precedent
