The Supreme Court of Canada has declined to hear the Charter challenge to mandatory roadside breath testing, bringing a major legal battle to an end. In Episode 435 of Driving Law, Kyla Lee and Paul Doroshenko break down what happened — and what comes next.
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On November 14, 2025, the Supreme Court of Canada (SCC) settled a nationwide debate regarding breath alcohol testing evidence. In its decision, R. v. Rousselle, 2025 SCC 35, a companion case to R. v. Larocque, 2025 SCC 36, the Court confirmed that the Crown is not required to call an analyst to testify or file documents from the analyst in every impaired driving case to prove the reliability of the alcohol standard used in breath testing.
The central question was one of evidence: could the Crown rely solely on the certificate of the qualified technician, a police officer operating the approved instrument, to prove a precondition that the alcohol standard used was certified by an analyst?. The SCC answered a resounding yes.
…Did the SCC Eliminate Impaired Driving Defence Technicalities?Read More »
Did the SCC Eliminate Impaired Driving Defence Technicalities? Read More »
Disputing a traffic ticket can often feel like an uphill battle, especially when you’re representing yourself. Self-represented people often do not have the benefit of knowledge of legal procedure or knowledge of the particular quirks of a judge or justice presiding over their case. It is therefore important for the players involved in traffic court, including the officer prosecuting the ticket and the judicial justice, to ensure the trial is fair.
A recent decision from the Supreme Court of British Columbia, R. v. Advincula, 2025 BCSC 1662, has highlighted the importance of procedural fairness in traffic court.
…Your Right to a Fair Hearing: Allegations of Bias in Traffic CourtRead More »
Your Right to a Fair Hearing: Allegations of Bias in Traffic Court Read More »
This week on Driving Law, Kyla Lee and Paul Doroshenko dive into the surprising intersections of beverage labeling errors, breath testing failures, and an RCMP SUV that’s gone viral for all the wrong reasons. Episode 414 covers the legal implications of accidental intoxication, systemic flaws in Canada’s roadside prohibition system, and a moment of pure embarrassment caught on camera. Here’s what you need to know.
…Episode 414: Celsius Confusion, Broken Ribs, and the Stuck RCMP SUVRead More »
Episode 414: Celsius Confusion, Broken Ribs, and the Stuck RCMP SUV Read More »
In Canada, failing to remain at the scene of an accident, commonly referred to as a “hit and run,” is a serious criminal offence under section 320.16 of the Criminal Code. A recent sentencing decision from the Provincial Court of British Columbia, R. v. Singh, 2025 BCPC 126, illustrates the gravity of such offences and the types of sentences they attract.
…Understanding Hit and Run Offences in Canada Read More »
Facing a DUI charge in Canada is undoubtedly a stressful and worrying experience. The potential consequences, including hefty fines, licence suspension, and even possible jail time, can be overwhelming.
One of the first concerns for anyone facing such a charge is the cost of legal representation. It’s natural to wonder: how much does a DUI lawyer cost in Canada?
While the prospect of legal fees might seem daunting, it’s crucial to understand that the investment in a skilled DUI lawyer can be invaluable in protecting your future. This blog post aims to provide clarity on the costs associated with hiring a DUI lawyer in Canada and explain why this expense is a worthwhile investment.
How Much Does a DUI Lawyer Cost in Canada? A Comprehensive GuideRead More »
How Much Does a DUI Lawyer Cost in Canada? A Comprehensive Guide Read More »
Being charged with a DUI (Driving Under the Influence) in Canada can be a nerve-wracking experience, especially if you’re worried about the possibility of jail time. While jail is not always a consequence for a first DUI offence, it becomes a more significant risk in certain circumstances.
Here’s what you need to know about when jail time might apply and how to reduce your risk with the help of a lawyer.
…Will I Go to Jail for a DUI in Canada? Read More »
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