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