criminal law

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 Cases Read More »

Self-Defence in Dangerous Driving Cases

A personal dispute can quickly transform into a legal tragedy with life-altering consequences. In R. v. Lafferty, a young woman’s attempt to flee a tense confrontation resulted in the death of another person. The Court of Appeal for Northwest Territory was tasked with deciding whether her actions, driven by a subjective sense of fear, could be legally justified as self-defence.

This case shows the high bar that must be cleared to successfully claim self-defence when a motor vehicle is involved. The law balances the right to personal safety against the heavy responsibility of operating a vehicle in public spaces.

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Self-Defence in Dangerous Driving Cases Read More »

Sleeping it Off in Your Car is Not Always Lawful

Many people think sleeping in their vehicle is a safe alternative to driving home after a night out. But in reality it is actually one of the most common ways people end up with a criminal record.

We have all heard the advice that if you have had too much to drink, you should just sleep it off in your car. However, the case of His Majesty the King v. Michael Alan Loney is a perfect example of why that plan can go sideways very quickly.

If you are sitting in the driver’s seat with the engine running, even if you are fast asleep and have no intention of moving an inch, the law in Canada views you very differently than you might expect.

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Sleeping it Off in Your Car is Not Always LawfulRead More »

Sleeping it Off in Your Car is Not Always Lawful Read More »

Weird and Wacky Wednesdays: Volume 399

This week on Weird and Wacky Wednesdays: Advertising the Crime

Some defendants make the prosecutor’s job almost too easy. They post the evidence. They wear the evidence. They drive around with the evidence stuck to the back of the car. Every so often they go further and explain the whole thing directly to the officer at the side of the road. This week’s stories come from Buffalo, suburban Kansas City, and a small town in Wales. They do not have much in common except for one detail. In each of these cases, the defendant made an unforced contribution to the file.

I tell people all the time that the right to remain silent exists for a reason. It is not just something they say on American police shows. It is a real Canadian constitutional protection, and the smarter end of my client list takes it seriously. The people in this week’s stories did not get the memo.

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Weird and Wacky Wednesdays: Volume 399Read More »

Weird and Wacky Wednesdays: Volume 399 Read More »

Driving Law Episode 452: Fake Parking Tickets, Prosecutorial Misconduct & AI Crash Videos

In Episode 452 of Driving Law, Kyla Lee and Paul Doroshenko discuss a strange encounter in downtown Vancouver involving a driver who allegedly attempted to avoid paying for parking by placing an old parking ticket on the windshield of a different vehicle. The discussion explores whether the conduct could amount to fraud or the use of a forged document, and raises broader questions about compliance with everyday laws and public attitudes toward enforcement.

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Driving Law Episode 452: Fake Parking Tickets, Prosecutorial Misconduct & AI Crash VideosRead More »

Driving Law Episode 452: Fake Parking Tickets, Prosecutorial Misconduct & AI Crash Videos Read More »

Weird and Wacky Wednesdays: Volume 397

This week on Weird and Wacky Wednesdays: Three Stops, Three Endings

Most DUI investigations starts in roughly the same place. A car drifts, an officer pulls in behind, a window comes down, and the next thing you know there is a breath test and a file that will follow somebody around for years. After that, though, the path the case takes can go almost anywhere.

This week features three stops that ended in three very different places. One produced a charge the breath machine flatly refused to support. One produced a charge against the officer himself, complete with a bag of high proof shooters in the passenger seat. And one produced a plea deal so famously Californian that it has its own nickname.

A grab bag of cases, but all from the same opening scene.

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Weird and Wacky Wednesdays: Volume 397Read More »

Weird and Wacky Wednesdays: Volume 397 Read More »

The Law Does not Give Credit for Bail Conditions Affecting Your Ability to Drive

If you practice criminal law in Canada, you’ve likely relied on the idea that fairness is a two-way street. If a client spends months on strict bail conditions, effectively serving some or all of their punishment before they’ve even been convicted, a judge should be able to account for that at sentencing, right?

Wrong.

The recent decision in R. v. Reid 2026 ONSC 1342 has officially confirmed that when it comes to driving prohibitions, fairness is no longer part of the equation.

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The Law Does not Give Credit for Bail Conditions Affecting Your Ability to DriveRead More »

The Law Does not Give Credit for Bail Conditions Affecting Your Ability to Drive Read More »

Episode 445: Supreme Court Expands Police Power to Enter Private Property

This week, we discuss a major Supreme Court of Canada decision addressing whether police can enter private property to investigate suspected impaired driving.

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Episode 445: Supreme Court Expands Police Power to Enter Private PropertyRead More »

Episode 445: Supreme Court Expands Police Power to Enter Private Property 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 »

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