This week on Driving Law, hosts Kyla Lee and Paul Doroshenko dive deep into two significant legal decisions that could have wide-reaching implications for drivers across Canada. From the halls of the BC Supreme Court to the Saskatchewan Court of Appeal, these cases highlight the importance of legal clarity, constitutional rights, and knowing how to navigate the justice system when it comes to traffic and impaired driving laws.
First, they explore a BC Supreme Court case involving a man who paid a speeding ticket after receiving misleading information from ICBC—only to later lose his license due to accumulated penalty points. Kyla and Paul unpack why his attempt to withdraw his guilty plea failed, and how different legal arguments, including officially induced error, might have changed the outcome.
Next, they analyze a landmark constitutional challenge to Canada’s mandatory alcohol screening laws. The Saskatchewan Court of Appeal upheld the controversial law under Section 1 of the Charter, despite finding that it infringed on drivers’ rights under Section 8. Kyla and Paul discuss the reasoning behind the majority decision, the sharp dissent warning of potential abuse, and whether this case might head to the Supreme Court of Canada.
