Impaired Driving in Canada – The Charter Cases, 4th Edition
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."
–The Honourable Mr. Justice Joseph F. Kenkel
That fact alone makes Impaired Driving in Canada – The Charter Cases an invaluable resource for defence counsel, Crown counsel and judges dealing with the ongoing challenge that impaired driving cases and the Charter present. Refer to this book over and over to determine the best way to approach the legal issues that apply to your particular fact situation.
This new edition offers an examination 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. Fully updated in light of the significant changes to the Criminal Code made by Bill C-46, the text now also includes a chapter on the legal framework for constitutional challenges to legislation.
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.
This practical, detailed guide offers a unique format that provides quick, cost-effective access to the Charter issues that can arise at trial, with key quotations from leading cases together with the invaluable perspective and expertise of author Justice Kenkel, a judge and former practitioner with years of experience handling and judging impaired driving cases.
- A brand new chapter on Charter challenges in light of the significant Bill C-46 amendments to the Criminal Code, including a detailed examination of Charter s 52 and s 1; Charter s 7; as well as examining related procedure and remedies issues
- The original seven chapters of the book have all been heavily revised to take into account not only the Bill C-46 amendments but also:
- Significant case law updates on the topic of “racial profiling”, ASD tests and the Communication of the Right to Counsel at the roadside in the Investigation and Detention chapter, as well as new content on Standard Field and other Sobriety Tests, and an examination of what is a “reasonable” amount of time to investigate drivers
- Developments with respect to Body Weight Testing, Investigations and Detentions undertaken at Hospitals in the chapter on Investigation and Testing at the Station/Hospital
- Salient case law developments concerning various information components and the reasonable opportunity to speak with a Third Party or Non-lawyer and the right to counsel at trial in the chapter on Right to Counsel
- New developments with respect to Charter Remedies, Approved Instrument Records, Further Disclosure Requests and “DRE Rollings Logs” in the chapter on Disclosure
- Important new case law developments on Section 11(b) with respect to circumstances (delay (especially defence delay), joint trials, youth matters, verdicts and rulings); lost evidence (particularly police in-car videos); and Sentencing matters in the chapter on Charter Issues at Trial.
- New section on Time Limits for Charter Applications and the Cumulative Effect of Multiple Breaches and other new case law developments with respect to the Exclusion of Evidence under S.24(2) of the Charter in the chapter on Charter Procedures and Remedies.
An Essential Resource
This text 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
Table of contents
Table of Cases
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
Part VIII – Charter Challenges to the C-46 Amendments