In Episode 454 of Driving Law, Kyla Lee and Paul Doroshenko discuss the Supreme Court of Canada granting leave in Emeruwa, a major impaired driving refusal case, BC’s new commercial vehicle dash cam legislation, and an Ontario school bus driver allegedly caught stunt driving with children on board.
The episode begins with the Supreme Court of Canada’s decision to grant leave in Emeruwa, a Saskatchewan Court of Appeal case about refusal to provide a breath sample. Kyla and Paul discuss why the case matters, especially where a driver says they were trying their best, and whether the Crown must prove an intentional refusal rather than simply proving that a suitable sample was not provided.
They also explain the difference between mens rea and reasonable excuse in refusal cases. The discussion explores why treating “I tried my best” only as a reasonable excuse risks shifting the burden onto the accused and potentially criminalizing people who may not be morally blameworthy.
The episode then turns to BC’s new commercial vehicle dash cam legislation, which will require certain commercial vehicles to have forward-facing cameras installed. Kyla and Paul discuss the unanswered questions around police access, privacy, workplace surveillance, data retention, and whether future regulations will create the real substance of the law.
Finally, the Ridiculous Driver of the Week features an Ontario school bus driver allegedly caught driving 100 km/h in a 50 km/h zone with children on board, and then refusing to present her driver’s licence.
Stream Episode 454 for the full discussion.
