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Driving Law
Driving Law
392 episodes
1 day ago
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 Ridiculous Driver of the Week: a man in Hamilton takes “take the bus” a little too literally — stealing a city bus and driving it safely along its route, picking up passengers along the way. Stream Episode 428 for the full discussion and all the legal fallout. 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.
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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 Ridiculous Driver of the Week: a man in Hamilton takes “take the bus” a little too literally — stealing a city bus and driving it safely along its route, picking up passengers along the way. Stream Episode 428 for the full discussion and all the legal fallout. 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.
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Education
Episodes (20/392)
Driving Law
Episode 428: Supreme Court’s “Goldson” Decision – Breath Tests, Due Process, and a Bus Heist
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 Ridiculous Driver of the Week: a man in Hamilton takes “take the bus” a little too literally — stealing a city bus and driving it safely along its route, picking up passengers along the way. Stream Episode 428 for the full discussion and all the legal fallout. 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.
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1 day ago
19 minutes 30 seconds

Driving Law
Episode 427: Refusals, Ambulances, and a Tesla at IKEA
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 stay outside. Plus, a Nova Scotia case that narrows mandatory jail rules for impaired causing bodily harm, and the Ridiculous Driver of the Week: a Tesla that plowed through the front of the Richmond IKEA. Listen now for smart legal insight, a few laughs, and an inside look at how driving law keeps evolving in Canada. 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.
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1 week ago
37 minutes 14 seconds

Driving Law
Episode 426: IRP Chaos, Strike Fallout, and the Case That Won’t End
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 Cowichan. Stream Episode 426 — “IRP Chaos, Strike Fallout, and the Case That Won’t End.” 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.
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2 weeks ago
34 minutes 45 seconds

Driving Law
Episode 425 – Bail Reform, Driving Prohibitions, and the Fire Truck Heist
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 controversy around ICBC’s Indigenous driver support hotline — pushing back on racist commentary and reminding listeners that reconciliation and accessibility still matter in the justice system. Finally, the Ridiculous Drivers of the Week include a Lamborghini driver speeding through winter without proper tires, and a Halifax woman who stole a fire truck and somehow didn’t crash it. Listen now for sharp legal analysis, real-world driving law insights, and a little humour along the way. 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
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3 weeks ago
22 minutes 3 seconds

Driving Law
Episode 424: “Given, Not Shown”: Breath-Test Rules, Tough-on-Crime Talk, and a Skeleton Passenger
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 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
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4 weeks ago
22 minutes 32 seconds

Driving Law
Episode 423 — Road Rage, “Xavier’s Law,” and Why Due Process Still Matters
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. 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
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1 month ago
37 minutes 51 seconds

Driving Law
Episode 422: Strikes, Snow Tires, and the Phantom F1
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
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1 month ago
23 minutes 10 seconds

Driving Law
Episode 421: IRP Hearings Halted, Government Inaction, and Two Political “Ridiculous Drivers”
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
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1 month ago
35 minutes 24 seconds

Driving Law
Episode 420: Making Alcohol Monitoring Fair - Jan Semenoff’s “My CAM” Program
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
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1 month ago
18 minutes 48 seconds

Driving Law
Episode 419: EV Mandate on Ice, Refusal Law Reset, and the Raccoon Pileup
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
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2 months ago
29 minutes 24 seconds

Driving Law
Episode 418: Biased Justice, One-Wheel Trouble, and the Stair Car in Mississauga
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
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2 months ago
18 minutes 15 seconds

Driving Law
Episode 417: Class Action Delays, Dangerous Driving Acquittal, and Court Backlogs
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
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2 months ago
32 minutes 35 seconds

Driving Law
Episode 416: Pepper Spray Road Rage, Uber’s Big Win, & the IRP Nobody Saw Coming
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.
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3 months ago
23 minutes 33 seconds

Driving Law
Episode 415: Roadside Blood Draws at Shambhala, Alberta Tow Truck Fraud, and Nanaimo Road Violence
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.
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3 months ago
27 minutes 7 seconds

Driving Law
Episode 414: Celsius Confusion, Broken Ribs, and the Stuck RCMP SUV
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 prohibition after failing to provide a breath sample—despite later discovering she had two broken ribs. Kyla and Paul argue that the refusal process systemically discriminates against people with disabilities, women, and minorities, and call for the reactivation of manual testing features on roadside devices. The Ridiculous Driver of the Week is an RCMP officer who got their SUV high-centered on a parking lot divider and had to be towed, all caught on TikTok. 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.
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3 months ago
20 minutes 20 seconds

Driving Law
Episode 413: Extended Bar Hours, Police Missteps, and the Sidewalk Lexus
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 questionable policing decisions involving Constable Keith McCready of the Prince George RCMP, including issuing IRPs in odd circumstances. Public backlash intensified after an arson site near a weigh scale was tagged with graffiti: “Good job McCready.” Kyla and Paul reflect on community trust, internal misconduct, and the difficulty of holding officers accountable. They also dissect a troubling video from Florida showing a Black man violently pulled from his car during a traffic stop despite being compliant—another example of systemic issues in policing. The Ridiculous Driver of the Week is a man in Brampton caught on video speeding along a sidewalk in a Lexus to skip traffic. In a bonus local story, a Vancouver man with a handicap placard was filmed illegally dumping a mattress in a public park. 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.
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3 months ago
28 minutes 8 seconds

Driving Law
Episode 412: Chewing Tobacco, IRP Statistics, and Public Safety in Crisis
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 training and stereotypical beliefs about how a person “should” behave. The court rejected this reasoning, calling it unjustified, unintelligible, and lacking transparency. Kyla and Paul explain why this decision is a rare but important win against the reverse-engineered logic often used to uphold IRPs. Next, they discuss a Toronto Sun article claiming BC has the highest rate of impaired driving in Canada. Despite the province’s “toughest drunk driving laws,” the data may reflect the sheer volume of IRPs issued—not actual impairment. They explore whether the statistics signal a policy failure and question the effectiveness of deterrence in the absence of routine enforcement. Finally, the Ridiculous Driver of the Week is a Minnesota man who fled a DUI investigation by hiding in a river and covering himself in mud—hoping to avoid detection, Predator-style. He was found and arrested. 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.
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4 months ago
24 minutes 1 second

Driving Law
Episode 411: Speed, Safety & the Law: Vancouver’s Limits and the Hinkson Report
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, they examine the Hinkson Report, released in response to the Lapu-Lapu Day tragedy. The report offers immediate recommendations to protect public events from vehicle attacks. Kyla and Paul weigh in on the logistics, funding, and feasibility of the proposals. Finally, the Ridiculous Driver of the Week is a Saskatoon man who stole a taxi, robbed a store, and fled in a cube van. The police chase ended safely, but the case is a cautionary tale about impaired decisions and their legal fallout. 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.
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4 months ago
26 minutes 16 seconds

Driving Law
Episode 410: EV Vanity, Ferry Fires & Uber’s Union
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.
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4 months ago
28 minutes 32 seconds

Driving Law
Episode 409: Bobcat Assault Appeal, Charter Delay Victory, and Tailgating Hypocrisy
This week on Driving Law, Kyla Lee and Paul Doroshenko dig into a BC Supreme Court appeal involving a man convicted of using a bobcat to threaten two unhoused individuals on his property. The appeal raised arguments of burden-shifting, misapprehension of evidence, and speculative reasoning—but the court upheld the conviction. The judges found that the trial decision was supported by tire track evidence and the logical inference that the complainant was struck by the bobcat, rejecting the alternative “heatstroke” explanation as unsupported. They then turn to a traffic court case involving a Charter section 11(b) delay application. A driver who disputed a ticket for using an electronic device waited over 20 months for trial. Judge Guild found the delay presumptively unreasonable and dismissed the ticket. The decision criticizes the government’s reliance on mailed notices and suggests disclosure should be automatic once a ticket is disputed, rather than provided only upon request. Finally, the Ridiculous Driver of the Week is… everyone. An ICBC-commissioned Ipsos survey revealed that 77% of BC drivers admit to tailgating, while 86% say being tailgated makes them feel angry or scared. The episode explores the contradiction between how people drive and how they want to be treated on the road, exposing widespread hypocrisy in BC driving habits. 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.
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4 months ago
28 minutes 16 seconds

Driving Law
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 Ridiculous Driver of the Week: a man in Hamilton takes “take the bus” a little too literally — stealing a city bus and driving it safely along its route, picking up passengers along the way. Stream Episode 428 for the full discussion and all the legal fallout. 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.