In Episode #46 of the Who Cares? podcast, Kyla Lee joins to talk about the latest major updates in impaired driving law. Known nationally for her work in this area, Kyla shares key insights into how recent Supreme Court of Canada decisions are shaping the defence of impaired driving cases.
Kyla explains that while defending impaired driving cases has become more difficult, recent court rulings show “a pattern from the Supreme Court of Canada of respect for individual liberties as they relate to what happens to people in impaired driving investigations.”
Some of the major topics she covers include:
- Driving Prohibitions for Serious Offences: Kyla discusses the Wolf case, where she argued a key point at the BC Court of Appeal: “If you are charged with criminal negligence causing death, bodily harm, or a murder or manslaughter offence involving a car, you can’t get a driving prohibition under the criminal code.”
- Private Property Rights: Kyla highlights cases like McColman and Singer, emphasizing that the courts are reinforcing the principle that “your home is your castle,” and limiting police powers to enter onto private property based on unsubstantiated tips.
- Roadside Breath Demands: She explains how a major new ruling confirms that “immediately means immediately” when police demand a roadside breath sample, strengthening the defence for delayed testing cases.
- Charter Litigation: Kyla stresses that Charter arguments remain the strongest tool in impaired driving defence, saying, “The best way to win an impaired is through Charter issues because the technical issues almost never pan out.”
- New Challenges Around Refusal Cases: Kyla also explains a shift in the burden of proof for refusal defences: “Now you only have to raise your reasonable excuse and give it an air of reality — and then the burden shifts to the Crown to disprove it.”
Throughout the episode, Kyla offers practical insights, highlights key defence strategies, and reflects on how impaired driving law continues to evolve across Canada.
To hear all the latest updates directly from Kyla, listen to Who Cares? Episode #46 now.
