Driving Law

A major Charter challenge hits a wall as the Supreme Court of Canada declines to hear the case on mandatory roadside breath testing. This week on Driving Law, Kyla Lee and Paul Doroshenko explain why the decision effectively ends the legal fight over mandatory ASD demands — and what it means for drivers going forward. The discussion also turns to growing concerns around police surveillance, as a S...

A new year brings new developments in driving law. This week on Driving Law, Kyla Lee and Paul Doroshenko break down Saskatchewan police officially implementing mandatory alcohol screening and why British Columbia continues to resist widespread use of the practice. They also discuss a significant Ontario case reinforcing the right to silence, concerns around police questioning after arrest, and wh...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down major developments affecting drivers, including the real-world impact of legislative changes, court decisions shaping delay and disclosure, and what these shifts mean for fairness in the justice system. The conversation covers why procedural shortcuts matter, how traffic and impaired driving cases are being reshaped, and where drive...

This week on Driving Law, Kyla and Paul unpack Bill C-16, the federal government’s sweeping criminal law overhaul that directly impacts impaired driving cases, court delays, and mandatory minimum sentences. They explain how the bill undermines Jordan delay protections, expands police evidence retention timelines, and excludes impaired driving from a new sentencing “safety valve.” The episode wraps...

This week on Driving Law, Kyla and Paul unpack a troubling Ontario ruling that lets police get away with an invalid ASD demand simply because they could have made a different one. They also break down a BC decision on withdrawing a guilty plea, the ongoing conflict between Uber drivers and device-use laws, and Ontario’s wild new proposal forcing impaired drivers to pay child support. Plus, this we...

A new episode of Driving Law is now available to stream! 🚙⚖️ This week on Driving Law, Paul and I dig into a Nanaimo case where an elderly driver earned 215 demerits on a medical assessment but was still allowed to drive during review. We unpack what “procedural fairness” looks like, why doctors are required to report medical concerns, and why the headlines may not match the law. We also break do...

The Supreme Court of Canada has spoken — and it’s not the news we hoped for. This week on Driving Law, Kyla and Paul break down the SCC’s new decisions in Goldson and related cases on the admissibility of breath-test standards, why the “trust us, we’re government” approach undermines fair trials, and what Justice Côté’s dissent could mean for future constitutional challenges. And for the Ridiculou...

This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a major refusal case out of B.C. that finally tests Saskatchewan’s landmark ruling on intent — does the Crown have to prove a driver meant to fail a breath test? They also dive into a troubling Alberta decision on police eavesdropping in ambulances, what it means for medical privacy, and why passengers might want to tell officers to sta...

Kyla Lee and Paul Doroshenko return to unpack the post-strike chaos at RoadSafetyBC. IRP hearings are being rushed, disclosure is delayed, and procedural fairness is on the brink — creating real legal issues for drivers and lawyers alike. They also talk about the ongoing Lapu-Lapu case, trial delays, and this week’s Ridiculous Driver — a woman who crashed an SUV into a hospital waiting room in Cow...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down Canada’s new bail reform legislation and how it quietly changes the Criminal Code to bring back discretionary driving prohibitions in serious offences like criminal negligence and manslaughter. They explain what this means for drivers, defence lawyers, and why the timing of a plea could make a difference. Kyla also addresses controv...

Kyla and Paul open with Ontario’s R v. Klemp, where a breath-test certificate of a qualified technician was excluded because it was only shown to the accused, not given as the Criminal Code requires—a reminder that if the Crown wants hearsay shortcuts, it must strictly comply. They kick around the disclosure wrinkle of implied-undertaking “ownership” versus the court’s notion of permanent transfer...

Fresh off a sleepless night thanks to an elderly, opinionated dog, Kyla and Paul dive into a tough week on BC roads and in BC politics. With the public-sector strike still at an impasse, they pivot to a spate of high-profile road-rage cases in North Vancouver, Winnipeg, and Ontario. Kyla explains why we don’t need a new “road-rage law” when the Criminal Code already covers assaults, threats, dange...

Fresh off a court appearance, Kyla and Paul cover BC’s October 1 snow-tire rule and how routine compliance stops can lawfully lead to mandatory breath demands, then dig into the compounding chaos from ongoing job action: IRP hearings cancelled or pushed without consultation, a court petition filed and served, and a tentative hardship path for temporary licences while the case waits on tribunal rea...

This week on Driving Law, Kyla and Paul unpack how BC’s public-sector job action has frozen Immediate Roadside Prohibition hearings and delayed decisions, leaving drivers punished without a path to challenge. They explain why blanket adjournments without dates breach procedural fairness, the legal demands made to the Superintendent and Solicitor General, and a test-case petition filed to push back...

Kyla is joined by forensic consultant (and former Saskatoon police officer/paramedic) Jan Semenoff to unpack continuous alcohol monitoring—ignition interlocks, SCRAM ankle bracelets, and Soberlink—and why so many people get flagged for “violations” even when they haven’t been drinking. Jan shares real cases (a fleeting 0.031 spike; a SCRAM reading hit by Static Guard on a blanket; bar staff gettin...

Kyla Lee and Paul Doroshenko open with Ottawa’s decision to pause Canada’s 2026 EV sales target and launch a 60-day review. They weigh the policy and trade crosswinds—auto-maker pressure, U.S. tariffs, Chinese EV competition, and new biofuel incentives—asking what a reset means for drivers, enforcement, and the market. They then unpack a fresh Saskatchewan Court of Appeal decision on “refusal” tha...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down a case that raised eyebrows in Vancouver traffic court. A man riding an electric one-wheel skateboard was fined nearly $600 for operating without insurance, despite the fact that these devices can’t be insured at all. At trial, the judicial justice hearing the case had previously recused himself from similar matters for openly admit...

This week on Driving Law, Kyla Lee and Paul Doroshenko dissect three important developments in driving law and public accountability in BC. They begin with a major delay in the ICBC double billing class action, where a technical objection from the provincial government—challenging the scope of the claim based on how “medical practitioners” was defined—has thrown the case off course. Kyla and Paul...

This week on Driving Law, Kyla Lee and Paul Doroshenko dive into a fiery road rage case in Surrey, where a driver jumped out, pepper sprayed another motorist, and sped off through a red light—all caught on dashcam. They discuss how the police may pursue charges, what kind of evidence they need, and why some road rage incidents cross the legal line. Next, they analyze a major Supreme Court victory...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss an unprecedented roadside drug enforcement campaign at the Shambhala Music Festival, where police used a mobile lab to take 24 blood samples on-site — likely a Canadian first. They examine the legal, procedural, and privacy issues this raises for impaired driving investigations. Next, they turn to Edmonton, where police uncovered more...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss the legal fallout from a major mix-up in the U.S., where cans of non-alcoholic Celsius energy drink were filled with alcohol. They examine how this could create a viable “involuntary intoxication” defense for unsuspecting drivers who blow over the limit. They also cover a disturbing Alberta case where a Mormon woman was issued a 90-day...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss Vancouver’s decision to extend bar hours to 4 a.m., raising concerns about transit access and impaired driving enforcement at a time when the city’s traffic unit is severely depleted. They explore how the change could affect public safety, particularly in the absence of roadblocks and routine DUI checks. Next, they examine a series of...

This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a major BC Supreme Court decision that strikes down an Immediate Roadside Prohibition due to flawed and speculative reasoning by the Superintendent’s office. The case involved a driver who claimed that chewing tobacco remained in his mouth during a breath test. The adjudicator dismissed his explanation based on assumptions about police...

This week on Driving Law, Kyla Lee and Paul Doroshenko tackle three pressing issues shaping public safety and traffic policy in Canada. They begin with Vancouver’s proposed 30 km/h speed limit on side streets, part of the Vision Zero push. Paul questions its practicality and lack of enforcement, while Kyla explains why speed isn't the only factor in pedestrian safety—driver behavior is key. Next,...

In this episode, Kyla Lee and Paul Doroshenko dive into Transport Canada’s new restrictions on ferrying damaged electric vehicles, explore the implications of Uber drivers unionizing in Victoria, and share the story of how an RCMP trailer sparked a wildfire due to failed wheel bearings.