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.
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In this episode of Driving Law, Kyla Lee and Paul Doroshenko break down a troubling new BC Supreme Court decision that reshapes how delay and disclosure are treated in traffic court. They explain why the ruling creates serious traps for self represented drivers and why it misunderstands how traffic court actually works in practice.
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This week on Driving Law, Kyla and Paul examine Bill C-16, a sweeping federal criminal law bill that quietly rewrites court delay rules, evidence retention timelines, and sentencing discretion — with serious consequences for impaired driving cases.
…Episode 432: Bill C-16, Court Delays, and a CVS Officer CrashRead More »
Episode 432: Bill C-16, Court Delays, and a CVS Officer Crash Read More »
On November 14, 2025, the Supreme Court of Canada (SCC) delivered its judgment in R. v. Larocque, 2025 SCC 36, a companion case to R. v. Rousselle, 2025 SCC 35. This ruling clarifies the Crown’s evidentiary burden when prosecuting the “80 and over” offence, focusing specifically on how much information about the alcohol standard used in breath testing must be proven at trial.
The case revolved around Stéphane Larocque, who was stopped at a sobriety checkpoint and subsequently charged with operating a motor vehicle with a blood alcohol concentration (BAC) equal to or exceeding 80 mg percent. At trial, the Crown introduced certificates from the qualified technician and two analysts to satisfy the preconditions required to utilize the statutory presumption of accuracy in s. 320.31(1) of the Criminal Code.
The issue before the SCC was technical but highly significant: Must the Crown prove the specific numerical target value of the alcohol standard used during the system calibration check to benefit from the presumption of accuracy for breath sample analysis results?
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This week on Driving Law, Kyla and Paul unpack the explosive private member’s bill known as Xavier’s Law — a proposal that would allow police to impose immediate 30-day driving bans with no appeal, no review, and no accountability.
…Episode 431: Xavier’s Law, Warrantless 30-Day Bans, and a Robot Taxi in a Police StandoffRead More »
The Canadian government has introduced significant amendments to the country’s criminal justice system, aimed at reforming bail procedures and specific sentencing provisions. If the Bill passes, it is important to know how the legal landscape surrounding bail and sentencing will shift.
…Understanding Proposed Changes to Bail and Sentencing LawsRead More »
Understanding Proposed Changes to Bail and Sentencing Laws Read More »
The Edmonton Police Service’s recent attack on Crown counsel is not merely a lapse in judgment. It is an alarming act of institutional arrogance that strikes at the heart of our justice system. By publicly condemning a manslaughter plea and threatening to release evidence in a case they believe should have resulted in a first-degree murder conviction, the police have stepped far outside their lawful role. This behaviour is reckless, unconstitutional, and a direct threat to the rule of law.
…Edmonton Police Commit a Dangerous Assault on JusticeRead More »
Edmonton Police Commit a Dangerous Assault on Justice Read More »
This week, Kyla Lee and Paul Doroshenko unpack Canada’s latest bail reform legislation — and how it quietly brings back discretionary driving prohibitions in serious offences like criminal negligence and manslaughter. They also talk about ICBC’s Indigenous driver hotline and, of course, two unforgettable Ridiculous Drivers of the Week.
…Episode 425: Bail Reform, Driving Prohibitions, and the Fire Truck HeistRead More »
Episode 425: Bail Reform, Driving Prohibitions, and the Fire Truck Heist Read More »
This week, Kyla and Paul explore R. v. Klemp, where a breath-test certificate was ruled inadmissible because it was only shown, not given, to the accused, and what that means for due process. They also break down Ottawa’s new “tough on crime” agenda and end with a skeleton supervisor for Halloween.
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This week, we unpack the surge in road-rage cases, why Canada doesn’t need a bespoke “road-rage law,” and the legal flaws in the proposed “Xavier’s Law” that would suspend licences after any fatal crash. We close with a Florida cautionary tale about how small misconduct can snowball fast.
…Episode 423: Road Rage, “Xavier’s Law,” and Why Due Process Still MattersRead More »
Episode 423: Road Rage, “Xavier’s Law,” and Why Due Process Still Matters Read More »
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