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Impaired Driving in Canada - The Charter Cases, 2nd Edition

This book focuses on Canadian Charter of Rights issues that so often become the focus of impaired driving cases. Concise and well-organized, this constitution law text provides quick access to the exact legal issue and fact situation applicable to one's case.
Publication Language: English
In Stock
ISBN/ISSN: 9780433473961

Product details

As the Honourable Mr. Justice Joseph F. Kenkel explains in the introduction to this new edition of his seminal publication, Impaired Driving in Canada – The Charter Cases, the "typical drinking and driving trial almost always includes a Charter application alleging numerous breaches, and consideration of that application will often occupy two-thirds of the time spent on the case." That fact alone makes this text an invaluable resource for defence counsel, Crown counsel and judges dealing with the ongoing challenge that impaired driving cases and the Charter present. You'll refer to this book over and over to determine the best way to approach the legal issues that apply to your particular fact situation.

What's Inside
The introduction to Impaired Driving in Canada – The Charter Cases (2nd Edition) offers an overview of relevant Charter issues and cases, touching on everything from roadside investigation, right to counsel and testing at the station/hospital, through to disclosure, trial preparation and Charter procedure at trial. Each of these topics is examined in further detail in subsequent chapters. Every legal issue that arises under the Criminal Code's impaired driving sections is referenced, including concise summaries of the leading cases. Readers can quickly identify and access the information that is relevant to their case.

In particular, this practical, detailed guide offers a range of benefits, including:
  • A unique format that provides quick, cost-effective access to the Charter issues that can arise at trial, with key quotations from leading cases
  • The option of supplementing your research with the LexisNexis® Impaired Driving NetLetter™, available through the Quicklaw service and providing bi-weekly updates for the most important cases across Canada
  • The invaluable perspective and expertise of author Justice Kenkel, a judge and former practitioner with years of experience handling and judging impaired driving cases

New to this Edition

In addition to an expanded introduction and 14 new sections, this latest edition of Impaired Driving in Canada – The Charter Cases provides the most up-to-date information related to this topic, including:
  • Updated cases, post St-Onge Lamoureux
  • Key cases on reasonable suspicion and reasonable and probable grounds (RPG)
  • The latest updates on Grant and s.24(2)
  • An expanded chapter on disclosure
  • Latest developments related to Soules and roadside statements
  • An update on overholding

An essential resource

This volume is an invaluable reference for:
  • Criminal Defence Counsel who need a useful, comprehensive guide to Charter issues at trial
  • Crown Prosecutors looking for speedy access to Charter topics that come up at trial
  • Judges who can rely on this well-researched, highly organized text to provide key quotations from leading cases

Featured authors

Table of contents

Part I – Introduction and Overview
Part II – Investigation and Detention
Part III – Investigation and Testing at the Station/Hospital
Part IV – Right to Counsel
Part V – Disclosure
Part VI – Charter Issues at Trial
Part VII – Charter Procedure and Remedies