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R v Oliphant – The Case That Turned on a Staple

R. v. Oliphant 2025 SKKB 4 is a Crown appeal regarding the acquittal of Cam Oliphant, who had been charged with operating a conveyance with a blood alcohol concentration (BAC) at or exceeding 80 mg per 100 mL.

During the original trial, Crown provided evidence that Mr. Oliphant’s breath samples showed readings of 90 mg% and 80 mg% respectively. However, the trial judge acquitted Mr. Oliphant after ruling the approved instrument printout was inadmissible. The trial judge found the document failed to meet the requirements of s. 320.33 of the Criminal Code because the technician’s certification referred to an “attached” printout, yet the printout was not physically stapled or clipped to the certificate. 

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R v Oliphant – The Case That Turned on a StapleRead More »

R v Oliphant – The Case That Turned on a Staple Read More »

Impaired Driving Update – BC Edition: Volume 8

Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.

Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.

What’s inside:

  • Impaired Driving Defence Tip
  • IRP Decision of the Week
  • DUI Decision of the Week
  • Kyla’s Insight
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Impaired Driving Update – BC Edition: Volume 8Read More »

Impaired Driving Update – BC Edition: Volume 8 Read More »

Our City Tonight–Impaired Driving Charges: The Police Won’t Say This

What really happens when you’re charged with impaired driving or DUI?
In this in-depth interview, a criminal defence lawyer specializing in driving-related offences explains how impaired driving cases are built, challenged, and defended in court. We explore roadside stops, police procedures, breathalyzer and blood testing, Charter rights, and common errors that can impact a case.
This conversation focuses on the driver’s legal rights, how defence lawyers analyze police conduct, and why impaired driving charges are not as straightforward as many people assume.
Topics covered include:

  • DUI and impaired driving charges explained
  • Police roadside stops and legal limits
  • Breathalyzer and testing procedures
  • Charter rights and procedural errors
  • How defence lawyers challenge evidence
  • What drivers should know after being charged
    This video is for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction.
    If you or someone you know is facing a driving-related charge, understanding the legal process is critical.
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Our City Tonight–Impaired Driving Charges: The Police Won’t Say ThisRead More »

Our City Tonight–Impaired Driving Charges: The Police Won’t Say This 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 »

Impaired Driving Update – BC Edition: Volume 7

Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.

Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.

What’s inside:

  • Impaired Driving Defence Tip
  • IRP Decision of the Week
  • DUI Decision of the Week
  • Kyla’s Insight
…

Impaired Driving Update – BC Edition: Volume 7Read More »

Impaired Driving Update – BC Edition: Volume 7 Read More »

Impaired Driving Update – BC Edition: Volume 6

Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.

Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.

What’s inside:

  • Immediate Roadside Prohibition Review Tips
  • Decision of the Week
  • Legislative Update from Parliament
  • Kyla’s Insight
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Impaired Driving Update – BC Edition: Volume 6Read More »

Impaired Driving Update – BC Edition: Volume 6 Read More »

Weird and Wacky Wednesdays: Volume 381

This week on Weird and Wacky Wednesdays: Fly sober or get pulled over

I love to fly and I am very thankful to our national air carrier for treating me so well over the years. I wouldn’t call myself a nervous flyer. I also really like these shows where investigators forensically analyze air crashes. So every time I fly and I hear the sober voice of the pilot coming on, I am reassured that I will safely reach my destination on a relaxing flight. But of course there are tens of thousands of airplanes flying every day and occasionally the voice of the pilot is not a sober voice.

This week on Weird and Wacky Wednesdays we’re going to look at two recent cases where, thankfully, authorities figured out the pilot wasn’t sober before the plane took off, and then a third where we get to see what happens when there is an impaired pilot on the flight deck mid-flight. 

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Weird and Wacky Wednesdays: Volume 381Read More »

Weird and Wacky Wednesdays: Volume 381 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 »

Weird and Wacky Wednesdays: Volume 380

This week on Weird and Wacky Wednesdays: Bad Science Ends in Court

I learned to love science when I started working with a former RCMP toxicologist in my last year of law school. One of the nice things about DUI law is there is a lot of science, and as my career continued, I discovered there is a lot of bad science backing the assumptions police and prosecutors urge upon the courts. Bad science gets published. It gets funded. It gets defended with remarkable confidence. Most of the time, it only collapses when someone starts asking probing questions.

Here are three weird and wacky law stories where science wandered into the legal system and did not enjoy the experience.

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Weird and Wacky Wednesdays: Volume 380Read More »

Weird and Wacky Wednesdays: Volume 380 Read More »

Can Police Swap Legal Justifications For Demands After the Fact? 

Every so often a judgment comes along that quietly rewrites the rules while pretending nothing has changed. R. v. Jerlo is one of those decisions. On its face, it looks like a simple impaired-driving case involving a self-represented accused and a helpful amicus. 

Underneath, it signals a quiet but substantial erosion in search-and-seizure protections, effectively giving police permission to retrofit their legal justification for a roadside breath demand after the fact. And because the accused was self-represented, the only pushback came through an amicus whose mandate stopped well short of mounting the vigorous constitutional challenge this issue deserved.

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Can Police Swap Legal Justifications For Demands After the Fact? Read More »

Can Police Swap Legal Justifications For Demands After the Fact?  Read More »

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