General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

In 2018, Parliament repealed and replaced all driving provisions of the Criminal Code, in part as a response to the enactment of the Cannabis Act. Impaired Driving and Other Criminal Code Driving Offences: A Practitioner’s Handbook is a comprehensive and balanced guide to this new legislation, designed to assist Crown and defence lawyers, as well as members of the judiciary. It explores all aspects of this area of law, including the different types of offences, the investigation process, provincial procedural differences, trial strategies and issues, sentencing, and ethics.

Much more than a compendium of legislation and case law, this text analyzes the new provisions and relevant cases in context, replete with vital analysis, strategy, and tactical advice. Authors Karen Jokinen and Peter Keen have reviewed and presented these new legislative changes, and they leverage their knowledge and experience to provide a truly practical treatment of the legal issues and constitutional difficulties that surround driving offences.

This is the only text of its kind in Canada, making it a must-have resource for those whose practice encompasses this significant area of criminal law.

This text is Volume 9 in Emond’s Criminal Law Series.

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• Includes a foreword by Justice Joseph Di Luca
• Outlines and explains new legislation
• Details the differences between impaired driving, drinking and driving, and drugged driving
• Provides detailed information about fines and sentencing, including corollary consequences, such as consequences found in provincial highway traffic legislation
• 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)

Chapter 1: Legislative Changes and Sequence of a Drinking and Driving Case
Chapter 2: 80 and Over—s 320.114(1)(b)
Chapter 3: Drug Per Se Limits
Chapter 4: Impaired Ability to Operate
Chapter 5: Fail/Refuse Screening Demand
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 Testing (Screening)
Chapter 17: The Arrest and Evidentiary Demands
Chapter 18: Proving BAC Using 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—CCC and HTA Consequences
Chapter 24: Conclusion—The Future of Driving Offences in Canada

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."

Read the full review here.

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