charter rights

Your Right to Silence in Police Investigations

Woman in sunglasses sitting in a car, holding up her driver's license while a police officer in uniform writes a ticket outside her window.

If you remember one phrase when dealing with the police, it should be this: “lawyer told me not to talk to you.” That line is more than a meme or a slogan. It captures a core legal protection that exists to shield ordinary people from accidentally harming themselves during police investigations.

Understanding your right to silence can make the difference between protecting yourself and creating evidence the police did not already have.

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Your Right to Silence in Police InvestigationsRead More »

Your Right to Silence in Police Investigations Read More »

Episode 434: Mandatory Alcohol Screening Expands, Right to Silence Case, and a Driver Asleep at the Wheel

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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Episode 434: Mandatory Alcohol Screening Expands, Right to Silence Case, and a Driver Asleep at the WheelRead More »

Episode 434: Mandatory Alcohol Screening Expands, Right to Silence Case, and a Driver Asleep at the Wheel Read More »

The “Last-Minute Disclosure” Traffic Court Strategy – And Why it is Bound to Fail

Many drivers in British Columbia believe that representing themselves in traffic court is a simple way to save money. Some even attempt to use a specific legal “strategy.” That is, waiting until the very last minute to request evidence (disclosure) and then asking for an adjournment. The goal is usually to push the case past the 18-month “unreasonable delay” limit set by the Supreme Court of Canada in R. v. Jordan, hoping the ticket will be thrown out entirely.

However, a recent ruling by the Supreme Court of British Columbia in R. v. Newby, 2025 BCSC 2483, has made it clear that this tactic is likely to fail. Here is why self-representation and manufactured delays are a risky gamble.

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The “Last-Minute Disclosure” Traffic Court Strategy – And Why it is Bound to FailRead More »

The “Last-Minute Disclosure” Traffic Court Strategy – And Why it is Bound to Fail Read More »

Episode 430: Mandatory vs. Suspicion Demands, Uber Drivers, & Christmas Lights

This week on Driving Law, Kyla and Paul take on a deeply concerning Ontario ruling that blurs the line between lawful and unlawful ASD demands, raising major Charter implications. They also dig into a BC guilty plea decision affecting Uber drivers, Ontario’s proposal for child-support penalties, and a festive but illegal Ridiculous Driver of the Week.

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Episode 430: Mandatory vs. Suspicion Demands, Uber Drivers, & Christmas LightsRead More »

Episode 430: Mandatory vs. Suspicion Demands, Uber Drivers, & Christmas Lights Read More »

Episode 427: Refusals, Ambulances, and a Tesla at IKEA

This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a B.C. refusal case testing Saskatchewan’s groundbreaking “intent to fail” ruling, explore whether police can eavesdrop in ambulances, and break down a Nova Scotia decision about mandatory jail time for impaired causing bodily harm. Plus, the Ridiculous Driver of the Week involves a Tesla and the front doors of IKEA.

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Episode 427: Refusals, Ambulances, and a Tesla at IKEARead More »

Episode 427: Refusals, Ambulances, and a Tesla at IKEA Read More »

Are Traffic Tickets a Violation of Human Rights?

Police officer issuing a ticket to a driver in a car during a roadside stop.

Many drivers in British Columbia question whether traffic tickets infringe on their human rights, especially when faced with hefty fines or the consequences of accumulating penalty points. While it’s natural to feel frustrated by a ticket, it’s important to understand how Canadian law views the relationship between traffic enforcement and human rights.

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Are Traffic Tickets a Violation of Human Rights?Read More »

Are Traffic Tickets a Violation of Human Rights? Read More »

Strong Defence Strategies Against DUI Charges in BC

A lawyer and a client discussing legal documents at a desk with a gavel, scales of justice, and a laptop

Facing a DUI charge in British Columbia can be a daunting experience, with the potential for significant disruption to your life.

The consequences of a conviction are severe and can include hefty fines, lengthy licence suspensions, a criminal record and potential jail time. However, it is important to remember that a DUI charge does not automatically mean a conviction. With the right defence strategies and a skilled lawyer, you can fight the charges and protect your future.

This post will explore some of the most effective defence strategies against DUI charges in BC and explain why hiring a skilled lawyer is your best chance at a favourable outcome.

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Strong Defence Strategies Against DUI Charges in BCRead More »

Strong Defence Strategies Against DUI Charges in BC Read More »

When Traffic Stops Become Charter Breaches

Imagine a situation where police stop a car, and things escalate from there, leading to a big legal battle over whether the evidence they found can even be used in court. That’s essentially what happened in the case of R. v. Anwyll, a case that highlights how important it is for the police to follow the rules under the Charter.

This case demonstrates the intersection of driving law and Charter rights, specifically concerning the legality of vehicle stops for prohibited driving and subsequent police actions.

This case is particularly relevant for driving law, as it highlights the limitations of police authority under the Motor Vehicle Act (MVA) and the consequences of exceeding those limits.

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When Traffic Stops Become Charter BreachesRead More »

When Traffic Stops Become Charter Breaches Read More »

Lawyer’s Charter Rights: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

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Lawyer’s Charter Rights: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Lawyer’s Charter Rights: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

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