Automation is going to change our way of life beyond recognition. It will affect nearly every aspect of society and the regulation of traffic laws will be no different. We can already see the beginnings of the mechanization of driving law enforcement which offers a glimpse of what the future will hold. We need to […]
Automation in driving law enforcement Continue Reading »
A Court in Ontario has found new mandatory minimum sentences for impaired driving, introduced last year, to be inconsistent with the Charter of Rights. In December 2018, changes to the Criminal Code’s impaired driving provisions came into effect. They include mandatory minimum penalties for impaired driving such as a fine of at least $1,000 for
Mandatory minimum sentences for impaired driving Continue Reading »
We have been vocal critics of the Immediate Roadside Prohibition (IRP) scheme since its inception. It has been a long fight, which you can read about on this blog, but we have an important update. We can announce that we are one of the first law firms in Canada to file a constitutional challenge to
Our constitutional challenge to mandatory breath test provisions Continue Reading »
The government has just approved another saliva drug test for Canada for police use. When they approved the first device, the Dräger Drugtest 5000, there was a lot of fanfare. The government held this device out as a reliable way to screen for cannabis-impaired drivers. We got our hands on one fairly quickly and with
Saliva drug test: rebranding and the not so new Abbot SoToxa™ Continue Reading »
The government has announced legislation which paves the way for ride-hailing companies to operate on BC roads as early as September 16. Companies such as Uber and Lyft will be able to apply to the Passenger Transportation Board (PTB) to provide commercial ride-hailing in BC from September 3. The PTB will decide how many ride-hailing
Requirements for Uber and Lyft drivers in BC Continue Reading »
Back in December, the new amendments to the Criminal Code came into effect, including what is called a mandatory roadside breathalyzer test. In essence, the police can demand that a driver provide a sample of their breath into a roadside breathalyzer (Approved Screening Device, A.K.A ASD) without any grounds to believe the driver has been
All breathalyzer demands are mandatory Continue Reading »
A major concern if you get any drunk-driving notation on your British Columbia driving record is whether you’ll end up having to get a blowbox in your car. The blowbox, which is commonly referred to as an interlock device, is connected to a vehicle’s ignition system. The driver must provide breath samples to the blowbox
Blowbox in your car Continue Reading »
There is no evidence that THC levels currently penalized under cannabis-impaired driving laws increase the risk of causing a crash, according to a new study. Cannabis use as a risk factor for causing motor vehicle crashes: a prospective study examined blood samples from 3,005 drivers non-fatally injured in crashes in British Columbia. Samples were taken
Scientific study undermines cannabis impairment laws Continue Reading »
If your driving record is deemed unsatisfactory by the BC Superintendent of Motor Vehicles, you will face a driving prohibition letter notifying you that you are going to get a driving prohibition. It is useful to understand the legal process behind a driving prohibition letter that comes from having a bad driving record. The legal
Driving Prohibition Letter Continue Reading »
What to do if your vehicle is impounded in BC In BC, your vehicle can be impounded if you commit or are suspected of committing certain offences. This is a reflection of the fact that driving is a privilege, not a right. Finding yourself in a position where your prized possession has been taken away
What to do if your vehicle is impounded in BC Continue Reading »
Last year, we told you about our concerns with the Criminal Code’s new impaired driving laws. The changes included harsher penalties, some brand new offences and new police powers. There was scant publicity from the government so we were worried a lot of drivers would be simply unaware of the changes. We predicted constitutional challenges
New impaired driving laws: a toxic mix Continue Reading »
Last week, the Supreme Court of Canada rendered a decision in the case of R. v. Barton. This case garnered significant media attention since it went to trial in 2015. Mr. Barton was charged with first-degree murder in the death of Cindy Gladue, and the jury had to make a decision with respect both to
The defence of honest but mistaken belief in sexual assault cases Continue Reading »
