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Impaired Driving and Other Criminal Code Driving Offences, 2nd Edition
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Impaired Driving and Other Criminal Code Driving Offences, 2nd Edition

Karen Jokinen, Peter Keen
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
Available

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.

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  • ISBN/ISSN: 978-1-77462-370-1
  • Status: Available
  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77462-371-8
  • Status: Coming Soon
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ISBN
978-1-77462-370-1
Publisher
Emond Publishing
Publication Date
March 2023
Status
Available
Subjects
Criminal Law Series
Tags
Practice Canadian Law

  • Expanded discussion of sentencing, including mandatory minimums.

  • Updated content on drug-impaired driving, including discussion of R v Robertson.

  • Coverage of procedural changes to drinking and operating trials generated by the COVID-19 pandemic.

  • Details the differences between impaired driving, drinking and driving, and drugged driving.

  • Explores the strengths and weaknesses of arguments often presented by Crown and defence in these types of prosecutions, including alternatives to these arguments (when possible).

  • A foreword by Justice Joseph Di Luca.

Chapter 1: Legislative Changes and Sequence of a Drinking and Driving Case
Chapter 2: 80 and Over: Section 320.14(1)(b)
Chapter 3: Drug Per Se Limits
Chapter 4: Impaired Ability to Operate
Chapter 5: Fail or Refuse Screening Demand: Section 320.15(1)
Chapter 6: Operating While Prohibited
Chapter 7: Dangerous Driving
Chapter 8: Criminal Negligence
Chapter 9: Flight from Police
Chapter 10: Fail to Stop at Scene of Accident
Chapter 11: Aggravated Driving Offences: Causing Death or Bodily Harm
Chapter 12: Reviewing the Brief & Disclosure
Chapter 13: Conveyances
Chapter 14: The Stop
Chapter 15: Operation vs Care or Control
Chapter 16: Roadside Screening Demands
Chapter 17: The Arrest and Evidentiary Demands
Chapter 18: Proving Blood Alcohol Concentration Through Breath Samples: Approved Instruments and Certified Evidence
Chapter 19: Drug Impaired Driving
Chapter 20: Blood Demands and Hospital Interactions
Chapter 21: Custody, Detention, and the Charter
Chapter 22: Common Law Defences
Chapter 23: Sentencing
Chapter 24: Rights to Counsel: Section 10(b) of the Charter
Chapter 25: Charter Remedies: Section 24(2)
Chapter 26: Conclusion: Future of Driving Offences in Canada

Table of Cases
Index

Chapter 1: Legislative Changes and Sequence of a Drinking and Driving Case


“Together the authors have managed to effectively provide a truly balanced and fair review of all the pressing issues. Peter Keen is an experienced assistant Crown attorney and Karen Jokinen is an equally experienced defence lawyer. They include both Crown and defence perspectives, supported by complete and competing case law. It is a rare to read such a balanced, detailed, and practical approach to criminal law.”

—Jonathan Rosenthal
For the Defence, Vol. 39, No. 4, 2019
Published by Thomson Reuters Canada Limited



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