charter rights

Understanding Defence Delay in Complex Criminal Cases

The right to be tried within a reasonable time is a constitutional guarantee under Section 11(b) of the Charter. But what happens when the clock is ticking and a case involves multiple defendants, complex evidence, and scheduling nightmares?

The recent British Columbia Court of Appeal decision in R. v. Cade 2026 BCCA 106 provides an analysis of how courts must calculate delay and why the Crown cannot simply point to complexity to justify a breach.

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Understanding Defence Delay in Complex Criminal CasesRead More »

Understanding Defence Delay in Complex Criminal Cases Read More »

When Police Can Demand Your Blood: Lessons from a Recent Mission Impaired Driving Investigation

Most British Columbia drivers know that if they are pulled over on suspicion of impaired driving, they can be asked to blow into a roadside screening device. Far fewer know that, in certain circumstances, the police can demand a sample of their blood.

A recent Mission RCMP investigation is a useful reminder that blood demands are real, they are used, and they carry significant legal consequences. But they are also among the most legally scrutinized tools in a Crown prosecutor’s impaired driving file.

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When Police Can Demand Your Blood: Lessons from a Recent Mission Impaired Driving InvestigationRead More »

When Police Can Demand Your Blood: Lessons from a Recent Mission Impaired Driving Investigation Read More »

Episode 450: One Missed Step Can Collapse a Drug Recognition Evaluation

This week, Kyla Lee and Paul Doroshenko discuss a major decision on drug recognition evaluations and why police must strictly follow the required 12-step process in impaired driving investigations.

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Episode 450: One Missed Step Can Collapse a Drug Recognition EvaluationRead More »

Episode 450: One Missed Step Can Collapse a Drug Recognition Evaluation Read More »

Your Castle Under Siege: Understanding the Supreme Court’s Decision in R. v. Singer

As a lawyer, I often tell clients that your home is your castle. It is a foundational principle of our legal system that the state cannot cross your threshold without a warrant. However, the Supreme Court of Canada’s recent decision in R. v. Singer reveals that this principle is not absolute, neither when it comes to members of the public nor the police. 

This case explores the delicate balance between your Charter rights and the ever-expanding reach of police investigative powers.

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Your Castle Under Siege: Understanding the Supreme Court’s Decision in R. v. SingerRead More »

Your Castle Under Siege: Understanding the Supreme Court’s Decision in R. v. Singer Read More »

Episode 444: Police Misleading an Accused About Counsel & New Tracking Warrant Powers

This week, Kyla Lee hosts the podcast solo and discusses a troubling impaired driving case involving police deception about access to counsel, along with proposed legislation that could expand police tracking powers.

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Episode 444: Police Misleading an Accused About Counsel & New Tracking Warrant PowersRead More »

Episode 444: Police Misleading an Accused About Counsel & New Tracking Warrant Powers Read More »

Episode 441: Supreme Court Right to Silence Case & AI Privacy Concerns

A new episode of Driving Law is now available.

This week, Kyla discusses appearing before the Supreme Court of Canada on behalf of Women in Canadian Criminal Defence in a case about compelled accident statements and the right to silence. The episode also examines privacy law, AI facial recognition, and the risks of expanding surveillance technology.

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Episode 441: Supreme Court Right to Silence Case & AI Privacy ConcernsRead More »

Episode 441: Supreme Court Right to Silence Case & AI Privacy Concerns Read More »

Episode 440: Nunavut Challenge, Impaired Driving Charter Breaches & Paralegals in Traffic Court

This week, we examine a constitutional challenge out of Nunavut involving mandatory driving prohibitions, break down a significant impaired driving Charter ruling in British Columbia, and discuss proposed changes that could allow paralegals to handle serious driving offences. Plus, Florida earns Ridiculous Driver of the Week.

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Episode 440: Nunavut Challenge, Impaired Driving Charter Breaches & Paralegals in Traffic CourtRead More »

Episode 440: Nunavut Challenge, Impaired Driving Charter Breaches & Paralegals in Traffic Court Read More »

Episode 437: Random Traffic Stops, Racial Profiling, and the Supreme Court’s Reckoning

The Supreme Court of Canada has heard a major case challenging the power of police to conduct arbitrary traffic stops in the face of mounting evidence of racial profiling. This week on Driving Law, Kyla Lee and Paul Doroshenko unpack what’s at stake — and what could finally change.

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Episode 437: Random Traffic Stops, Racial Profiling, and the Supreme Court’s ReckoningRead More »

Episode 437: Random Traffic Stops, Racial Profiling, and the Supreme Court’s Reckoning Read More »

Episode 436: Supreme Court to Hear Impaired Driving Death Case and Mandatory Fines

The Supreme Court of Canada has agreed to hear a major impaired-driving case that could reshape how “causing death” offences are applied. In Episode 436 of Driving Law, Kyla Lee and Paul Doroshenko explain why the decision matters.

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Episode 436: Supreme Court to Hear Impaired Driving Death Case and Mandatory FinesRead More »

Episode 436: Supreme Court to Hear Impaired Driving Death Case and Mandatory Fines Read More »

Episode 435: Supreme Court Ends Mandatory Breath Test Challenge & Police Surveillance Concerns

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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Episode 435: Supreme Court Ends Mandatory Breath Test Challenge & Police Surveillance ConcernsRead More »

Episode 435: Supreme Court Ends Mandatory Breath Test Challenge & Police Surveillance Concerns Read More »

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