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