Driving Law

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, and how defence counsel might demand an express waiver. Then they unpack Ottawa’s latest “tough on crime” talk: expanded reverse-onus for bail, rhetoric about consecutive sentences, and curbing conditional sentences—why most of this won’t move the needle, except perhaps encouraging more consecutive terms in serious driving cases, while undermining proven, rehabilitative CSOs. Ridiculous Driver of the Week caps it off with timely spooky season flair: an Ontario learner caught using a model skeleton as the required supervising driver

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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, dangerous driving, and leaving the scene, and offers practical advice: protect your own safety first and keep your cool. They then unpack “Xavier’s Law,” a proposal to yank licences indefinitely after any fatal crash until charges are declined or a trial ends, and lay out the legal problems: undefined timelines, no clear trigger when prosecutors quietly decline charges, constitutional issues akin to Alberta’s struck-down indefinite suspensions, perverse effects on plea discussions, and the fact that BC already has high-risk administrative prohibitions if police believe someone is unsafe. The Ridiculous Driver of the Week crosses the border to Florida, where a habitual violator on a driving prohibition left an idling car by a school and then allegedly punched and bit officers when told to shut it down—an object lesson in how quickly minor misconduct can become major charges.

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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 reasons. They flag new confusion over where to pay tickets after ICBC reportedly stopped accepting payments, the ripple effects of a Canada Post strike on prohibition notices, licence and insurance renewals, and traffic-court scheduling, plus potential knock-on disruptions from sympathy actions like BC Ferries. To close out spooky season, the Ridiculous Driver of the Week is a real-life “phantom” — the helmeted F1 look-alike finally nabbed in his driveway after years of blasting along Czech highways.

Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com and 'Sit Still Jackson' at sitstilljackson.com

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 against government inaction. Finally, the Ridiculous Drivers of the Week are political: BC’s finance minister racks up six thousand dollars in limo charges on a US trip, and Ontario’s premier calls traffic cameras a cash grab after years of backing them.

Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com and 'Sit Still Jackson' at sitstilljackson.com

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 getting ambient-alcohol alerts) to show how products, workplaces, illness, ketosis, and diabetes can confound fuel-cell devices. His solution: My CAM Program—a practical course for monitored clients with short videos, readable modules, reflective quizzes, and a 100-page downloadable guide with logbooks and checklists. It teaches best practices (true deprivation periods, avoiding alcohol-containing products near tests, handling cold meds), offers condition-specific modules, and stays accessible for the full monitoring term so users can refresh before problems arise. The goal is prevention and better records to help lawyers fight wrongful breaches, without court or probation approval needed. Cost is $47, and sign-ups are available now at the My CAM Program site.

Don’t miss the end of this week’s YouTube version, where we mark Talk Like a Pirate Day — the most important day of celebration at our firm. Join us as we raise a glass to the glory of the seas, and dream of future pillaging on calm waters

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” that re-affirms classic criminal-law principles: after a lawful ASD demand, the Crown must still prove a subjective intent to thwart the breath test—not merely a failed sample—before any “reasonable excuse” analysis. The ruling clarifies mens rea and pushes back on attempts to make refusal quasi-strict liability.

Next, an Ontario trial ruling tackles s.10(b) in the smartphone era: when a detainee asks to find a specific lawyer, police must provide meaningful access to information—often supervised internet access—not just an outdated directory. Where access to counsel is denied, the actus reus of refusal isn’t made out at all.

Ridiculous Driver of the Week: a three-car pileup pinned on raccoons crossing the road—raising the perennial question of when stopping for wildlife crosses into driving “without reasonable consideration” for other road users.

Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com

and 'Sit Still Jackson' at sitstilljackson.com

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 admitting bias against skateboarders—yet allowed this one to proceed, resulting in a conviction. On appeal, the lack of fairness was recognized as a miscarriage of justice, sending the case back for a new hearing.

Kyla and Paul also discuss the legal grey zone of one-wheeled electric vehicles, why insurance rules effectively keep them off the roads, and the broader issues of access, fairness, and bias in the court system.

Finally, the Ridiculous Driver of the Week comes from Mississauga, where a young driver was spotted cruising down the highway with a full set of metal stairs strapped to the roof of her car—straight out of Arrested Development. The video went viral, and the driver now faces charges for her unsecured load.

Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com

and 'Sit Still Jackson' at sitstilljackson.com

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 criticize the government’s interference, noting how procedural nitpicking is undermining access to justice and stalling compensation for affected individuals.

Next, breaking news hits mid-recording: the BC Court of Appeal has released a decision upholding an acquittal in a red-light fatality case involving a dangerous driving charge. Paul and Kyla unpack how the Court’s ruling reaffirms that a momentary lapse in attention—without more—is not enough to meet the legal standard for dangerous driving. The decision marks an important pushback against the expanding scope of criminal liability in driving cases.

Finally, the Ridiculous Driver of the Week is a junk removal employee caught on camera illegally dumping hazardous waste in the woods—a repeat offence in the Lower Mainland. While the company has since fired the employee, Paul and Kyla reflect on what this says about trust, accountability, and regulation in private services.

Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com

and 'Sit Still Jackson' at sitstilljackson.com

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 for Uber drivers in Vancouver. The city’s controversial bylaw that charged per-stop fees downtown was struck down as unconstitutional. Paul and Kyla explore the court’s reasoning and the broader implications for municipal power and provincial jurisdiction.

Finally, they review this week’s Ridiculous Driver of the Week—a suspected drunk driver who flipped a Jeep on Highway 3, nearly crashing into an oncoming car. Despite the crash, police issued only an Immediate Roadside Prohibition. Kyla and Paul criticize the growing reliance on IRPs, especially in serious cases where criminal charges might be more appropriate.

Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com and 'Sit Still Jackson' at sitstilljackson.com.

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 than $200,000 in fraudulent insurance claims tied to ten tow truck companies. The case exposes systemic abuse in the towing industry and the lack of effective oversight.

Finally, the Ridiculous Driver of the Week is a Nanaimo motorcyclist caught on video violently shoving a cyclist off the road. Kyla and Paul break down the legal implications and the broader concerns for vulnerable road user safety.

Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com and 'Sit Still Jackson' at sitstilljackson.com.