police powers

Drug Recognition Evaluation Tests in Canada

Police officer checking a driver's license through the car window during a traffic stop.

In Canada, the police have significant powers to demand samples of your breath, blood, or urine. However, these powers are not absolute. They are governed by strict statutory requirements and constitutional protections. A recent decision out of the Ontario Court of Justice, R. v. Wilson 2026 ONCJ 211, dismantles the Drug Recognition Evaluation (DRE) process in a massive way.

In this case, the defendant, Mr. Wilson, was involved in a motor vehicle accident. He was eventually arrested for impaired driving and taken to the station for a DRE. After the evaluation, he refused to provide a urine sample and was charged with refusing to comply with the urine demand.

The reasons for this acquittal were based on three major elements: the failure to follow the mandatory 12-step process, the trap of tunnel vision, and the pervasive risk of confirmation bias.

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Drug Recognition Evaluation Tests in Canada 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 »

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 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 »

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 »

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 »

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