Impaired Driving and Other Criminal Code Driving Offences, 2nd Edition
- Publisher:
- Emond Publishing
- Publication date:
- 2023-05-02
- Authors:
-
Brian H. Greenspan
Vincenzo Rondinelli - ISBN:
- 978-1-77462-370-1
Description:
Following the 2018 repeal and replacement of driving provisions in the Criminal Code, the COVID-19 pandemic generated significant changes to the justice system, including its approach to drinking and driving cases. During the last three years, numerous aspects of the legislation have been challenged, upheld, overturned, and restored on appeal. Impaired Driving and Other Criminal Code Driving Offences, 2nd Edition is a balanced and comprehensive guide to new legislation and case law, designed to assist all members of the criminal bar and judiciary. Incorporating both Crown and defence perspectives, this resource explores all aspects of impaired driving law, including the different types of offences, the investigation process, provincial procedural differences, trial strategies and issues, sentencing, and ethics. National in scope, this resource analyzes all new provisions and relevant cases in context, replete with vital analysis, strategy, and tactical advice. Karen Jokinen and Peter Keen review and present these legislative changes, leveraging their knowledge and experience to provide a truly practical treatment of the legal issues and constitutional difficulties surrounding driving offences. This second edition includes two new chapters devoted to Charter issues, including rights to counsel and remedies. Each chapter explores the strengths and weaknesses of arguments often presented by Crown and defence, and alternatives to these arguments. This guide also features up-to-date legislation, additional content, and more case law from western Canada
Index
- Preliminary pages
- Foreword to the First Edition
- Preface
- About the Authors
- About the General Editors
- Legislative Changes and Sequence of a Drinking and Driving Case
- 80 and Over: Section 320.14(1)(b)
- Drug Per Se Limits
- Impaired Ability to Operate
- Fail or Refuse Screening Demand: Section 320.15(1)
- Operating While Prohibited
- Dangerous Driving
- Criminal Negligence
- Flight from Police
- Fail to Stop at Scene of Accident
- Aggravated Driving Offences: Causing Bodily Harm or Death
- Reviewing the Brief and Disclosure
- Conveyances
- The Stop
- Operation vs Care or Control
- Roadside Screening Demands
- The Arrest and Evidentiary Demands
- Proving Blood Alcohol Concentration Through Breath Samples: Approved Instruments and Certified Evidence
- Drug-Impaired Driving
- Blood Demands and Hospital Interactions
- Custody, Detention, and the Charter
- Common Law Defences
- Sentencing
- Rights to Counsel: Section 10(b) of the Charter
- Charter Remedies: Section 24(2)
- Conclusion: The Future of Driving Offences in Canada
- Table of Cases
- Index