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Impaired Driving in Canada – The Charter Cases, 5th Edition
This publication is the only national book focused solely on the Charter aspects of impaired driving cases. It’s an essential resource for defence counsel, Crown counsel, and judges involved with impaired driving trials and appeals.
Publication Language: English
Published: March 15, 2024
Publisher: LexisNexis Canada
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
Impaired Driving in Canada – The Charter Cases, 5th Edition is the only national book focused solely on the Charter aspects of impaired driving cases. It is an essential resource for defence counsel, Crown counsel, and judges involved with impaired driving trials and appeals.
Features of This Book
Impaired Driving in Canada – The Charter Cases, 5th Edition provides a thorough analysis of all the latest Charter and constitutional issues. The essential quotes from over 1,000 cases are summarized and organized into more than 400 subheadings for quick access. A detailed table of contents sets out every potential Charter issue from the initial vehicle stop to sentencing. There is a further section on constitutional applications that outlines the caselaw relevant to ongoing challenges to the 2018 C-46 amendments.
The unique format of this popular guide makes it an indispensable and cost-effective resource for Charter issues that can arise in any impaired driving trial.
What’s New In This Edition
- Revised to include dozens of new cases and changes in legislation since the previous edition
- Older cases have been deleted where superceded by higher authority, overruled or no longer consistent with the current legislative scheme
- More than a dozen new subheadings have been added
- Updates on the constitutional challenges to the C-46 amendments
- Decisions from appellate reviews of administrative penalties where they discuss Charter issues relevant to criminal impaired prosecutions
PART I: INTRODUCTION AND OVERVIEW
§1.01 Introduction – The Path to the Charter
§1.02 Investigation and Detention
§1.03 Right to Counsel and Section 10
§1.04 Disclosure and Section 7
§1.05 Section 11(b) and the Right to a Trial Within a Reasonable Time
§1.06 Section 7 and Lost Evidence Applications
§1.07 Section 14 – Right to Assistance of an Interpreter
§1.08 Sections 16 to 22 Official Languages
§1.09 Sentencing and the Charter
§1.10 Charter Procedure
§1.11 Charter Remedies
§1.12 Constitutional Challenges to the C-46 Amendments
PART II: INVESTIGATION AND DETENTION
§2.01 Detention and Vehicle Stops
§2.02 Investigation
§2.03 Right to Counsel at the Roadside
§2.04 Roadside Searches and Section 8
§2.05 Arrest of Driver – Sections 9, 10 and 11(e)
PART III: INVESTIGATION AND TESTING AT STATION/HOSPITAL
§3.01 Searches at the Station and Section 8
§3.02 DRE Testing and Sections 8 and 10
§3.03 Breath Testing at the Station
§3.04 Saliva or Urine Tests
§3.05 Investigation at the Hospital
§3.06 Detention Conditions and Sections 7 and 12
§3.07 Detention at the Station and Sections 8 and 9
PART IV: RIGHT TO COUNSEL
§4.01 Section 10(b) Right to Counsel
§4.02 Timing – On Arrest or Detention
§4.03 Information Component
§4.04 Implementation Duties
§4.05 Right to Counsel – Duties of the Detainee
§4.06 Waiver of Right to Counsel
§4.07 Change in the Investigation
§4.08 Inadequate Legal Advice
§4.09 Unwanted Calls to Counsel
§4.10 Right to Counsel at Trial
PART V: DISCLOSURE
§5.01 Glossary of Terms
§5.02 Disclosure and Section 7 of the Charter
§5.03 Approved Instrument Records Section 320.34
§5.04 Approved Instrument Records – Further Disclosure
§5.05 Further Disclosure – Examples
§5.06 Access to Disclosure
§5.07 Charter Remedies for Disclosure Issues
§5.08 Timing of Disclosure and Section 7
§5.09 Disclosure – Alcohol Test Committee Position Paper
PART VI: CHARTER ISSUES AT TRIAL
§6.01 Section 11(b) Right to Trial Within A Reasonable Time – General Principles
§6.02 Section 11(b) Analysis
§6.03 Section 11(b) – Circumstances
§6.04 Prior Section 11(b) Applications and Res Judicata – Prior Applications
§6.05 Right to Trial in Official Language
§6.06 Right to Assistance of Interpreter Section 14
§6.07 Defences at Trial and Section 7
§6.08 Lost Evidence and Section 7
§6.09 Sentencing and the Charter
PART VII: CHARTER PROCEDURE AND REMEDIES
§7.01 Preliminary Issues – Does the Charter Apply?
§7.02 Trial Management of Charter Issues
§7.03 Proof of Charter Breach
§7.04 Ruling on Charter Issues
§7.05 Charter Remedies – Section 24
§7.06 Section 24(1) Remedies – Examples
§7.07 Section 24(2) Exclusion of Evidence
PART VIII: CONSTITUTIONAL CHALLENGES TO LEGISLATION
§8.01 Challenges to Legislation – Charter Section 52 and Section 1
§8.02 Challenges to Legislation – Charter Section 7
§8.03 Challenges to Legislation – Charter Section 12
§8.04 Constitutional Challenges – Procedure and Remedies
TABLE OF CASES
INDEX
