Product Description

In Impaired Driving in Canada, 6th Edition, 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.

This new edition follows its predecessors by canvassing all of the recent decisions that have changed the law in this area, with careful summaries that put the essential quotes from the most important cases at your fingertips.

Impaired Driving in Canada, 6th Edition remains the go-to text for anyone involved in drinking and driving defences and prosecutions and is often described as the "most used" criminal law text by Crowns and defence counsel alike.

What’s New In This Edition

• A complete revision that fully incorporates the Bill C-46 amendments
• Summaries of the new cases that consider the C-46 provisions
• Revised introductory chapter that focuses on an historical overview of drinking and driving legislation to explain what led to the C-46 amendments and what has happened since
• Updated 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

Topics Covered

• Impaired Operation – Offences, Operation by Care or Control, Proof of Impairment, Evidence of Impairment by Alcohol, Evidence of Impairment by Drug, Impaired Causing Bodily Harm/Death
• Blood Alcohol/Blood Drug Concentration – Offences and Exceptions, Roadside Screening For Alcohol or Drugs, Standard Field Sobriety Tests, Drug Recognition Examination, Refuse to Comply with a Demand, Admissibility of Breath Test Evidence, Admissibility of Blood Test Evidence
• Defences – Mens Rea Defences, Necessity, Duress, Multiple Convictions, Automatism, Intoxication, Entrapment
• Sentencing – Administrative Measures, Statutory Provisions, Sentencing Procedure, Sentencing Cases

Table of Contents

 Chapter 1: Overview
 
 Chapter 2: Impaired Operation
 
 Chapter 3: Over BAC/BDC
 
 Chapter 4: Defences
 
 Chapter 5: Sentencing
 
 Table of Cases
 
 Index