Conclusion: The Future of Driving Offences in Canada

• Author: Karen Jokinen/Peter Keen
• Pages: 531-534

531

Conclusion:

The Future

of Driving

Oences

inCanada

26

As we put the finishing touches to the second edition, courts have re-opened and

in-person trials are once again underway. It has been a time of remarkable change.

Where we once fought over whether victims or witnesses could testify by video link,

we now live in a world where Zoom trials are the norm. As one wise lawyer mock-

ingly put it, COVID-19 dragged the justice system into the latter half of the twentieth

century.

In the last four years, we have seen some constitutional litigation, but the new

Criminal Code1 driving regime introduced by Bill C-462 has so far largely survived

constitutional scrutiny, with the notable exception of the Soules regime (s 320.31(9))

in Alberta. We anticipate further litigation in the future and the consequent need to

re-write chapters for a third edition. For many accused, aconstitutional battle is too

expensive and uncertain, which limits the number of challenges brought to the legisla-

tion. Lawyers with such clients may choose to avoid constitutional claims, seeking to

rely on traditional defences instead. So far, mandatory alcohol screening and the new

drinking and driving oences appear to be here to stay.

Although criminal driving law has been in a state of change for decades, many driv-

ing laws are well established, and many oences and key principles were unaltered by

Bill C-46. The laws relating to impaired operation, dangerous operation, criminal negli-

gence, and flight from police are good examples. These oences, even where they have

changed, involve well-established legal principles. We continue to predict that criminal

negligence will fall into disuse in driving cases, as it is a harder oence to prove and

other available oences, such as dangerous driving, now bear harsher penalties.

1 RSC 1985, c C-46.

2 An Act to amend the Criminal Code(oences relating to conveyances)and to make consequential

amendments to other Acts, 1st Sess, 42nd Parl, 2018 (assented to 21 June 2018), SC 2018, c 21.

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