Mandatory alcohol screening is expanding in parts of Canada, while courts continue to clarify what police can and cannot do after an arrest. In Episode 434 of Driving Law, Kyla Lee and Paul Doroshenko examine new enforcement trends and an important right-to-silence decision.
In this episode, Kyla and Paul discuss Saskatoon police officially adopting mandatory alcohol screening and why British Columbia police have largely avoided using it despite the law being in place for years. They explore officer discretion, constitutional uncertainty, and whether the issue may still end up before the Supreme Court of Canada.
The conversation then turns to an Ontario case reinforcing the right to silence, highlighting how post-arrest “small talk” with police can still violate Charter rights — even when officers say they weren’t trying to gather evidence. The case underscores why drivers should be cautious about speaking to police after arrest.
The episode wraps up with the first Ridiculous Driver of 2026: a driver who was asleep at the wheel while vehicle safety technology kept the car on the road. The incident raises serious questions about police response tactics, emerging vehicle automation, and the limits of modern safety systems.
Stream Episode 434 for the full discussion.
