Impaired Driving in Canada – The Charter Cases, 3rd Edition
This book 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.
by Joseph F. Kenkel (Author)
Published: Jan 2017
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."
– From the Introduction
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. You'll refer to this book over and over to determine the best way to approach the legal issues that apply to your particular fact situation.
The Third 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. 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.
This edition incorporates a number of major changes in Charter law including:
The new approach to s.11(b) analysis in R v Jordan; and
The disclosure decision of the Ontario Court of Appeal in R v Jackson
An expanded discussion on vehicle searches and the different grounds
Extensive revisions to the Over-Holding section
A new discussion on cell video monitoring and conditions of detention
A new section on Right to Counsel Duties of the Detainee
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
The Honourable Mr. Justice Joseph F. Kenkel, B.A (Hons.), J.D. is a graduate of Queen's University and Osgoode Hall Law School. Before his appointment to the Ontario Court of Justice in 2000, he practiced criminal law in Toronto and was the Treasurer of the Criminal Lawyers' Association. Justice Kenkel presents the annual Impaired Driving lecture at the National Judges' Program and regularly chairs panels at the annual Impaired Driving Seminar held by the Law Society of Upper Canada and the Drug Impaired Driving Seminar at the Centre of Forensic Sciences.