*PRE-ORDER APPROX 4-7 BUSINESS DAYS* Impaired Driving in Canada 7th Edition by Justice Joseph F. Kenkel 9780433536628 *83b [ZZ]

Hardcover, Lexis Nexis

In Impaired Driving in Canada, 7th Edition, The Honourable Mr. Justice Joseph F. Kenkel analyzes every step of the impaired driving case, from the initial roadside stop and blood alcohol/drug concentration to defences and 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.

Although Charter issues play a central role in most impaired driving trials, this book primarily covers the non-Charter aspects of the law. Charter issues in this context are the focus of the companion volume, Impaired Driving in Canada – The Charter Cases, 5th Edition.

The special introductory chapter provides a historical review of drinking and driving legislation, explaining what led to the current provisions in Part VIII.1 of the Criminal Code, the legal issues Parliament were trying to address, and why the offences and presumptions are structured the way they are. The chapter notes the current issues in each area of drinking and driving law and provides a general introduction for those new to the area.

Impaired Driving in Canada, 7th 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

• Review of 4,000+ reported trial and appellate decisions from every province that have interpreted the new Part VIII.1 Criminal Code provisions since 2021, resulting in over 450 added case summaries and updates
• New and revised sections, including a new subheading in Chapter 3: Over BAC/BDC, section 3.8 – Proof of Blood Alcohol Concentration
• Additional reported cases from Québec where many recent developments have originated

Who Should Buy This Book

• Defence lawyers who need a comprehensive outline of every potential legal issue 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, but detailed reference tool for a busy trial court
• Police services looking to ensure that officers are familiar with the latest legal requirements

Preface

Chapter 1: Overview
1.1 Introduction
1.2 Operation
1.3 Investigating Impairment
1.4 Proof of Impairment
1.5 Proof of Blood Alcohol/Blood Drug Concentration (BAC/BDC)
1.6 Defences
1.7 Sentencing

Chapter 2: Impaired Operation
2.1 Impaired Operation—The Offence
2.2 Operation
2.3 Operation by Care or Control
2.4 Proof of Impairment
2.5 Evidence of Impairment by Alcohol
2.6 Evidence of Impairment by Drug
2.7 Impaired Causing Bodily Harm/Death

Chapter 3: Over BAC/BDC
3.1 The Offences
3.2 The 80+ Exceptions
3.3 Roadside Screening For Alcohol or Drugs
3.4 Standard Field Sobriety Tests
3.5 Drug Recognition Examination
3.6 Demand for Bodily Samples
3.7 Refuse to Comply with a Demand
3.8 Proof of Blood Alcohol Concentration
3.9 Admissibility of Blood Test Evidence
3.10 Proof of Blood Drug Concentration

Chapter 4: Defences
4.1 Mens Rea Defences
4.2 Necessity
4.3 Duress
4.4 Multiple Convictions
4.5 Automatism
4.6 Intoxication
4.7 Entrapment

Chapter 5: Sentencing
5.1 Administrative Measures
5.2 Sentencing—Statutory Provisions
5.3 Sentencing Procedure
5.4 Sentencing—Cases

Table of Cases
Index