Driving Law

BC's Immediate Roadside Prohibition system is changing. This week, Kyla Lee and Paul Doroshenko examine the new Report to Superintendent form and the coming rollout of the Dräger Alcotest 6000 approved screening device. They break down what has changed on the new electronic form, why some of those changes appear to respond to previous court decisions and criticism, and the problems they believe still remain. Kyla and Paul also discuss the recent Schuck judicial review decision, including inconsistent police timelines, what gets characterized as a "clerical error," how adjudicators assess conflicting evidence, and a finding about how quickly an approved screening device can be reused that they put to the test during the podcast. Plus, the Ridiculous Driver of the Week begins as a mysterious $3,000 cinnamon roll heist before taking a very unexpected turn. 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 Ontario Court of Appeal decision involving a witness who repeatedly changed his story about who was driving in a serious hit-and-run collision. They examine when a witness can be cross-examined about their knowledge of the Charter protection against self-incrimination and the Court's decision to uphold a four-and-a-half-year prison sentence. They also discuss BC's restrictions on off-road vehicle use in wildfire zones and raise questions about the reliability of approved screening devices when they're being used in heavy wildfire smoke. Plus, the Ridiculous Driver of the Week features a Smart car carrying a very large ladder in a very questionable 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.

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss a major Supreme Court of Canada decision concerning privative clauses and the ability of governments to restrict judicial review of administrative decision-makers. They explain why the ruling could eventually matter for British Columbia drivers challenging decisions involving ICBC’s Enhanced Care system and the Civil Resolution Tribunal. The discussion examines the unusually high standards imposed on people seeking court review and whether some of those restrictions could be constitutionally vulnerable. Plus, the Ridiculous Driver of the Week features a motorhome that crashed through the perimeter fence at Abbotsford International Airport and continued onto an active runway, forcing aircraft to abort their landings. Check out the Lawyer Told Me Not To Talk To You T-shirts and hoodies at LawyerToldMe.com and Sit Still Jackson at SitStillJackson.co.