About this episode

Kyla Lee and Paul Doroshenko discuss significant legal developments in impaired driving law, including Saskatchewan's IRP proposal and a new Ontario Court of Appeal decision on cannabis-impaired driving.

This week on Driving Law, Kyla Lee and Paul Doroshenko examine two significant legal developments that could reshape impaired driving law across Canada. They begin with Saskatchewan's proposal to introduce an Immediate Roadside Prohibition (IRP) regime modelled after British Columbia's. The proposed legislation includes immediate licence suspensions, vehicle impoundments, financial penalties, ignition interlock requirements, and escalating consequences for repeat offenders. Kyla and Paul question whether the legislation may go too far by characterizing administrative penalties as "offences," potentially creating constitutional issues under the division of powers between provincial and federal governments. Next, they discuss a new Ontario Court of Appeal decision involving cannabis-impaired driving. The court ruled that statutory presumptions for blood drug concentrations apply even when blood samples are obtained through a search warrant rather than a Criminal Code demand. Kyla and Paul examine the implications of the ruling, including concerns about measurement uncertainty, the erosion of procedural safeguards, and the growing difficulty of challenging impaired driving…

People in this episode

Hosts: Kyla Lee, Paul Doroshenko

Topics covered

• impaired driving law
• Saskatchewan IRP proposal
• cannabis presumptions
• legal developments
• constitutional issues
• blood drug testing

Mentioned in this episode

Books & works: Criminal Code

Places: Saskatchewan, British Columbia, Ontario

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