Driving Law

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a specific lawyer, police must provide meaningful access to information—often supervised internet access—not just an outdated directory.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