Episode 419: EV Mandate on Ice, Refusal Law Reset, and the Raccoon Pileup
Update: 2025-09-05
Description
Kyla Lee and Paul Doroshenko open with Ottawa’s decision to pause Canada’s 2026 EV sales target and launch a 60-day review. They weigh the policy and trade crosswinds—auto-maker pressure, U.S. tariffs, Chinese EV competition, and new biofuel incentives—asking what a reset means for drivers, enforcement, and the market.
They then unpack a fresh Saskatchewan Court of Appeal decision on “refusal” that re-affirms classic criminal-law principles: after a lawful ASD demand, the Crown must still prove a subjective intent to thwart the breath test—not merely a failed sample—before any “reasonable excuse” analysis. The ruling clarifies mens rea and pushes back on attempts to make refusal quasi-strict liability.
Next, an Ontario trial ruling tackles s.10(b) in the smartphone era: when a detainee asks to find a specific lawyer, police must provide meaningful access to information—often supervised internet access—not just an outdated directory. Where access to counsel is denied, the actus reus of refusal isn’t made out at all.
Ridiculous Driver of the Week: a three-car pileup pinned on raccoons crossing the road—raising the perennial question of when stopping for wildlife crosses into driving “without reasonable consideration” for other road users.
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
They then unpack a fresh Saskatchewan Court of Appeal decision on “refusal” that re-affirms classic criminal-law principles: after a lawful ASD demand, the Crown must still prove a subjective intent to thwart the breath test—not merely a failed sample—before any “reasonable excuse” analysis. The ruling clarifies mens rea and pushes back on attempts to make refusal quasi-strict liability.
Next, an Ontario trial ruling tackles s.10(b) in the smartphone era: when a detainee asks to find a specific lawyer, police must provide meaningful access to information—often supervised internet access—not just an outdated directory. Where access to counsel is denied, the actus reus of refusal isn’t made out at all.
Ridiculous Driver of the Week: a three-car pileup pinned on raccoons crossing the road—raising the perennial question of when stopping for wildlife crosses into driving “without reasonable consideration” for other road users.
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
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