Episode 459: Saskatchewan's IRP Plan, Cannabis Presumptions, and the Future of Impaired Driving Law

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 prosecutions based on blood drug testing. Finally, the Ridiculous Driver of the Week is a pickup truck driver who ignored a road closure, moved the barricades himself, and drove straight into freshly poured concrete, leaving his vehicle firmly stuck and serving as a reminder that road closure signs exist for a reason. 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.