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
- Kyla’s Insight
Immediate Roadside Prohibition Review Tip of the Week
Even when you’re facing times of uncertainty, it’s important to act quickly and get the application for review filed. I’ve noticed a lot of people lately who missed their 7-day limitation period during the BCGEU strike because they were under the impression that it would extend their time. It doesn’t. Make sure you act fast and contact a lawyer to dispute your IRP right away.
IRP Decision of the Week
Prohibition Revoked: An officer submitted an Immediate Roadside Prohibition document package, but the Report to Superintendent was not properly sworn. The Narrative was printed the day after the document was sworn. Although the officer submitted a Supplemental to File Report to Superintendent attempting to correct the defect, the officer signed as Commissioner instead of affiant.
Kyla Lee argued that pursuant to Section 215.47 of the Motor Vehicle Act the officer who serves the prohibition must be the one to swear the Report to Superintendent. While a supplemental sworn by another officer can supplement a properly sworn report, it cannot be a substitute for one.
DUI Decision of the Week
Mr. Mowbray was charged with refusing to provide a sample into an approved screening device. An issue arose at trial regarding what the Crown must prove in a refusal case. Specifically, the question arose as to whether the Crown was obligated to prove that a person intended to refuse or simply that the sample was not provided.
The Crown argued its only burden was to establish a sample was not provided and then it shifted to the accused to raise an air of reality to the defence of reasonable excuse. However, the court disagreed.
Relying on the Saskatchewan Court of Appeal decision in R. v. Emereuwa, 2025 SKCA 83, the Court held that in British Columbia, the state of the law is such that the Crown must prove the individual intended to produce the failed attempt at providing a sample.
Kyla’s Insight
I spoke about this decision with Peter Sankoff in a case alert when the decision was released, and I stand by my take. Now that Emereuwa has been followed in British Columbia, unless the Crown successfully appeals that case in Saskatchewan, we are in a good position to compel the Crown to prove the refusal was intentional.
Mr. Mowbray, unfortunately, was convicted as the Crown did make out the evidence that he intended not to comply. But the silver lining for DUI defence in British Columbia generally is that this means the case cannot be appealed by Crown so the legal holding stands.
Resources
Want to know more about impaired driving and Immediate Roadside Prohibitions in BC? Here are some helpful resources:
The BC Motor Vehicle Act:
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00
Criminal Code Offences Relating to Conveyances:
https://laws-lois.justice.gc.ca/eng/acts/c-46/page-46.html#h-121277
CanLII:
https://www.canlii.org/
RoadSafetyBC:
https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc
Contact Us
The police have their experts. You should have yours. Charged with impaired driving? Get the lawyer who literally wrote the book on it.
Call Kyla Lee at Acumen Law today. Visit our contact form (https://kylalee.ca/#contact) or call 604-685-8889 or email kyla@vancouvercriminallaw.com.
Featured Firm: Acumen Law Corporation
Based in Vancouver, Acumen Law Corporation is one of British Columbia’s leading criminal defence firms, recognized across Canada for its work in impaired driving law. The firm’s lawyers have successfully defended thousands of Immediate Roadside Prohibitions, criminal impaired charges, and driving suspensions.
Kyla Lee, a partner at Acumen Law, is widely regarded as a national authority on DUI law. She has authored multiple legal textbooks, teaches DUI defence across North America, and regularly appears in the media explaining developments in driving law.
