Driving Law

In Episode 460 of Driving Law, Kyla Lee and Paul Doroshenko discuss police enforcement against illegal electric dirt bikes, the Tesla driver filmed apparently asleep behind the wheel, and the legal issues surrounding self-driving technology. They also examine the lengthy Sea to Sky Highway closure following a fatal motorcycle crash and whether better plans are needed to deal with stranded motorist...

This week on Driving Law, Kyla Lee and Paul Doroshenko examine two significant legal developments that could reshape impaired driving law across Canada. They begin with Saskatchewan's proposal to introduce an Immediate Roadside Prohibition (IRP) regime modelled after British Columbia's. The proposed legislation includes immediate licence suspensions, vehicle impoundments, financial penalties, igni...

This week on Driving Law, Kyla Lee is joined by Montana criminal defence lawyer Matt Dodd for a discussion about cross-examination, trial advocacy, and storytelling in court. Matt discusses his criminal defence and DUI practice in Montana, including his work on serious criminal cases and civil litigation. He and Kyla then explore what makes cross-examination effective, emphasizing the importance o...

In Episode 457 of Driving Law, Kyla Lee and Paul Doroshenko discuss the Ontario Court of Appeal’s decision in R. v. Raffia and what it means for impaired driving refusal cases. The pair examine why the Court declined to weigh in on the controversial reasonable excuse issue that has generated significant discussion among impaired driving lawyers across Canada. They also break down the procedural co...

In Episode 456 of Driving Law, Kyla Lee takes a closer look at road safety in British Columbia and the risks facing different types of road users. Kyla discusses the recent spike in motorcycle fatalities across the province, what the statistics do - and don’t - tell us about road safety, and why fluctuations in collision numbers are often more complicated than they appear. She also examines a Nort...

In Episode 455 of Driving Law, Kyla Lee and Paul Doroshenko discuss two recent BC court decisions involving obstruction and failing to stop for police. The first case examines whether refusing to identify yourself during a traffic stop can amount to criminal obstruction, and why a self-described “sovereign citizen” ended up with a criminal conviction after refusing to provide his legal name. Kyla...

In Episode 454 of Driving Law, Kyla Lee and Paul Doroshenko discuss the Supreme Court of Canada granting leave in Emeruwa, a major impaired driving refusal case dealing with mens rea, reasonable excuse, and what the Crown must prove when someone says they tried their best to provide a breath sample. They also discuss BC’s new commercial vehicle dash cam legislation, including privacy concerns, pol...

In Episode 453 of Driving Law, Kyla Lee and Paul Doroshenko discuss a record-setting May long weekend enforcement blitz on the Sea to Sky Highway, where BC Highway Patrol impounded 66 vehicles for excessive speeding. They also break down Vancouver’s new AI-powered parking enforcement system using automated licence plate readers, and what it means for disputes, discretion, and the growing role of a...

In Episode 452 of Driving Law, Kyla Lee and Paul Doroshenko discuss a Vancouver driver who allegedly tried to avoid paying for parking by placing an old parking ticket on their windshield — and whether that could amount to fraud or using a forged document. They also break down a troubling Ontario case where a prosecutor was accused of berating a police officer for giving evidence favourable to the...

In Episode 451 of Driving Law, Paul Doroshenko is joined by articling students Alice and Alison for a special in-car episode recorded from a vintage 1971 Chevy pickup truck. The episode explores whether British Columbia should expand photo radar and speed camera enforcement, comparing BC’s current system with stricter approaches used in places like Australia and recent restrictions introduced in A...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down what may be one of the most consequential Canadian decisions on drug recognition evaluations. The case examines what happens when police fail to follow the required 12-step DRE process, and why skipping even one step can make the entire investigation unlawful. They discuss how drug recognition evaluations function as warrantless sea...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss a controversial Ontario Court of Appeal decision upholding Canada’s THC impaired driving laws, despite concerns that they may criminalize individuals who are not actually impaired. They examine the troubling shift in legal reasoning that appears to accept punishing innocent individuals as a necessary trade-off for public safety, and wh...

This week on Driving Law, Paul Doroshenko is joined by articling student Alice while Kyla Lee is away, tackling several important developments in impaired driving law. They break down a B.C. Supreme Court decision on causation in impaired driving causing bodily harm, where the court confirmed that impairment alone is not enough—there must be a causal connection between the impairment and the accid...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss several important impaired driving decisions, including a Quebec case confirming that proof of a qualified technician’s designation and training must be disclosed to the defence—despite recent Supreme Court rulings streamlining evidence. They also examine a key Ontario decision involving language barriers, where the failure to provide...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down the Supreme Court of Canada’s decision in R v Singer, addressing when police can enter private property without a warrant. The Court held that police may enter property for the purpose of communicating with an occupant, but not for gathering evidence—drawing a difficult and highly fact-specific distinction that will shape future imp...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down a major Supreme Court of Canada decision in R v Singer, addressing whether police can enter private property to investigate impaired driving complaints. The Court ruled that police may enter onto private property for the purpose of communicating with an occupant, but not for the purpose of gathering evidence. The decision draws a fi...

This week on Driving Law, Kyla Lee flies solo while Paul recovers from illness and discusses her new British Columbia Impaired Driving Newsletter, which highlights important impaired driving cases and legal developments each week. Kyla breaks down a troubling impaired driving case where police delayed an Approved Screening Device demand to ask incriminating questions and then misled the accused ab...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss a major Court of Appeal decision involving ICBC hit-and-run claims and whether victims must investigate crashes themselves in order to obtain compensation. The court ultimately rejected the idea that injured drivers should conduct their own investigations when police efforts have already failed to identify a suspect. They also examine...

This week on Driving Law, Kyla and Paul discuss Vancouver’s decision to create its own in-house police training academy and what that could mean for policing standards and institutional knowledge in B.C. They also break down a traffic court appeal involving a distracted driving ticket and cross-examination fairness, and analyze an Alberta motorcycle case where a rider claimed he couldn’t hear poli...

This week on Driving Law, Kyla Lee discusses appearing at the Supreme Court of Canada on behalf of Women in Canadian Criminal Defence (WiCCD) in a case about compelled accident statements and the right to silence. The episode explores how roadside detention laws disproportionately impact women and marginalized people. Kyla and Paul also break down a major B.C. Court of Appeal decision upholding th...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down a constitutional challenge out of Nunavut arguing that mandatory driving prohibitions amount to cruel and unusual punishment for Inuit hunters. They also analyze a major B.C. impaired driving decision involving multiple Charter breaches and what it means for roadside investigations going forward. Plus, a discussion about proposed ch...

This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a major Toronto police corruption scandal involving allegations of organized crime, database abuse, and violent criminal activity. The episode explores why unrestricted access to police databases poses serious risks to privacy, accountability, and the rule of law. They also break down a new BC Court of Appeal decision confirming that si...

This week on Driving Law, Kyla and Paul dig into a packed week of driving law issues, including growing concerns over dangerously bright LED headlights, a Saskatchewan decision confirming necessity as a defence to a parking ticket, and new survey data on impaired driving enforcement in Canada. They also break down why public perception doesn’t always match legal reality when it comes to IRPs, inte...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down a major Supreme Court of Canada hearing that could fundamentally change police powers to conduct random traffic stops. At the centre of the case is Lumumba, a challenge rooted in repeated arbitrary stops and clear evidence of racial profiling. The discussion explores whether individual Charter remedies are enough to address a system...

The Supreme Court of Canada has granted leave in a major impaired-driving case that could reshape how “causing death” offences are interpreted. This week on Driving Law, Kyla Lee and Paul Doroshenko break down why the case matters, how Parliament rewrote the offence, and why the absence of a causation requirement raises serious fairness concerns. The episode also looks at a Saskatchewan decision o...