Impaired Driving in Canada, 5th Edition
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The Honourable Mr. Justice Joseph F. Kenkel analyzes every step of the impaired driving case, from the roadside stop through to sentencing. This book provides coverage of an offence where, according to one Parliamentarian, "every word and every comma in every section has been litigated", and is an indispensable companion for all members of the criminal law bar and bench..
Includes critical legislative changes from Bill C-46 as current
This new edition follows its predecessors by canvassing all of the recent appellate decisions that have changed the law in this area and carefully selected case law that includes case summaries of the essential cases
Impaired Driving in Canada remains the go-to text for anyone involved in drinking and driving prosecutions and defences and is often described as the "most used" criminal law text by Crowns and defence counsel alike.
WHAT'S NEW IN THIS EDITION?
- Substantial updates to case law and all Bill C-46 changes integrated throughout the book as current
- NEW Bill C-46 Quick Guide as an easy to reference summary guide to the legislative changes
- NEW subsections under Evidence of Impairment by Alcohol, Driving Observations: Event Data Recorder and Accident Reconstruction Evidence
- NEW subsections under Screening Device Demands, Demand for Bodily Samples, Refusal to Comply with a Demand, Breath and Blood Test Requirements, and Evidence Tending to Show
- NEW section on Duress and new subsection on Mistake of Law
- Summary of principles on Automatism derived from leading Supreme Court of Canada decision, R v Stone
- Summary of principles dealing with the distinction between non-mental disorder versus mental disorder automatism, referencing Ontario Court of Appeal decision, R v Luedecke
FEATURES AND BENEFITS
- Drug Impaired Driving – expanded coverage of this rapidly developing area
- Disclosure – summary of the ongoing battles for expanded disclosure including new ATC guidelines
- Evidence to the Contrary – analysis of the caselaw post St Onge
- How it Works – explanation of the ATC test protocol for the approved instrument and why it matters
- Care or Control – risk of danger post Boudreault
- Refuse – the current mens rea debate explained
- Blood Tests – update on new search and production cases
- Sentencing – sentencing post amendments that remove conditional sentences for serious bodily harm or death
- Revised Introduction – new overview chapter with 200 citations that provides a detailed introduction to those new to drinking and driving cases
- Detailed Table of Contents – still the most detailed table of contents that shows new users the sub-issues within a topic while allowing experienced counsel to go directly to the information relevant to their case
- Efficient format – takes you directly to the essential lines of the key cases
- Carefully selected case law - includes concise summaries of essential cases
- Expert analysis – highlights the key portions of each case and their significance
WHO SHOULD BUY THIS BOOK
- Defence lawyers who need a comprehensive outline of all of the legal issues involved in a focused format for fast research
- Crown counsel who need to be ready for every possible legal argument and have a quick reference in court for unexpected issues
- Judges seeking a quick reference tool that focuses on legal issues for a busy trial court
- Police services looking to ensure that officers are familiar with the latest legal requirements
Table of contents
Chapter 1: Overview
Chapter 2: Impaired Operation or Control
Chapter 3: OVER BAC/BDC
Chapter 4: Defences
Chapter 5: Sentencing
Chapter 6: C-46 Quick Guide