Foreword to the First Edition

• Author: Justice Joseph Di Luca
• Profession: Superior Court of Justice
• Pages: 29-30

xxix

Foreword to

the First Edition

This book arrives at a perfect time. December 18, 2018 was the dawn of a new era

forCriminal Code1 driving oences. On that date, all the old driving provisions of the

Criminal Code were repealed and replaced with a brand-new legislative scheme. The

new legislative scheme seeks to revise and modernize the driving oence provisions.

The substantive oences have been reformulated. New investigative techniques and

powers have been created. Procedural aspects relating to proof and challenge have

been revamped. In short, it’s a whole new ball game. Thankfully, the players will have

this comprehensive and very useful guide to assist them.

The legislative changes are welcome. From a societal perspective, despite years of

public attention and education, the tragic toll from criminal driving oences remains

ever present. From a legal perspective, few would suggest that the old scheme was

perfect. It was far from perfect. It was overly technical, cumbersome, and outdated.

In this commendable work, the authors have created an ideal “briefcase book” that

provides the reader with a clear, concise, and balanced review of the new provisions,

including the reformulated criminal driving oences, the expanded police powers

relating to roadside stops, screening and evidentiary demands, and the evidentiary

provisions that will now guide the prosecution and defence of charges. The authors

are careful to flag areas that may give rise to future constitutional challenges. They

note the provisions that will likely be subject to legal argument and judicial interpret-

ation. They reference key precedents decided under the old provisions and suggest

how they may assist in understanding the new provisions. They also provide a wealth

of practical tips and knowledge that can be amassed only by having prosecuted and

defended hundreds of these cases over the years.

This book will have a number of uses. First, it will be invaluable to young lawyers

who may feel uncomfortable with or intimidated by driving cases, particularly drunk

and drugged driving cases. These cases have a reputation for being complex and chal-

lenging. This book provides an excellent starting point to bring young lawyers up to

speed, so to speak. The chapters on reviewing the brief and disclosure; arrest, deten-

tion, and the Charter; and common law defences provide core knowledge and practical

advice essential to understanding this area of law.

1 RSC 1985, c C-46.

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