This week on Driving Law, hosts Kyla Lee and Paul Doroshenko delve into a trio of complex and thought-provoking legal issues that shed light on the evolving landscape of criminal and administrative law in Canada. From questions of professional conduct and judicial remedies to the impact of Charter rights on sentencing, this episode offers sharp analysis and real-world context that speaks to both legal professionals and curious listeners alike.
First, Kyla discusses a fresh Supreme Court of Canada ruling on miscarriages of justice, focusing on whether appellate courts can enter acquittals in cases where post-plea evidence reveals a wrongful conviction. The decision stems from a case involving undisclosed exculpatory evidence, and the outcome confirms courts can enter an acquittal if a new trial is unnecessary.
Then, they explore the disciplinary suspension of a BC lawyer who received a 90-day IRP and attempted to leverage his status to avoid consequences—an act deemed “conduct unbecoming” by the Law Society. Kyla and Paul unpack the implications for lawyers and other regulated professionals who blur the lines between personal misconduct and professional ethics.
Finally, they revisit the Bajwa case, where a man with a long history of driving prohibitions was filmed using the toilet at a police station after his arrest. Despite the Charter breach, the judge declined a stay of proceedings and instead considered the violation at sentencing. The case led to a nuanced ruling that balanced serious public safety concerns, collateral immigration consequences, and the art of sentencing—offering a detailed legal analysis that Kyla calls “a law school course in one decision.”
