Impaired Driving in Canada - The Charter Cases, 2nd Edition
Publisher: LexisNexis Canada
As the Honourable Mr. Justice Joseph F. Kenkel explains in the introduction to this new edition of his seminal publication, Impaired Driving in Canada – The Charter Cases
, 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." That fact alone makes this text 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.What's Inside
The introduction to Impaired Driving in Canada – The Charter Cases (2nd Edition)
offers an overview 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. Each of these topics is examined in further detail in subsequent chapters. 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.
In particular, this practical, detailed guide offers a range of benefits, including:
New to this Edition
- A unique format that provides quick, cost-effective access to the Charter issues that can arise at trial, with key quotations from leading cases
- The option of supplementing your research with the LexisNexis® Impaired Driving NetLetter™, available through the Quicklaw service and providing bi-weekly updates for the most important cases across Canada
- The invaluable perspective and expertise of author Justice Kenkel, a judge and former practitioner with years of experience handling and judging impaired driving cases
In addition to an expanded introduction and 14 new sections, this latest edition of Impaired Driving in Canada – The Charter Cases
provides the most up-to-date information related to this topic, including:
An essential resource
- Updated cases, post St-Onge Lamoureux
- Key cases on reasonable suspicion and reasonable and probable grounds (RPG)
- The latest updates on Grant and s.24(2)
- An expanded chapter on disclosure
- Latest developments related to Soules and roadside statements
- An update on overholding
This volume is an invaluable reference for:
Table of Contents
Part I – Introduction and Overview
- 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 from leading cases
Part II – Investigation and Detention
Part III – Investigation and Testing at the Station/Hospital
Part IV – Right to Counsel
Part V – Disclosure
Part VI – Charter Issues at Trial
Part VII – Charter Procedure and Remedies
The Honourable Mr. Justice Joseph F. Kenkel, B.A (Hons.), J.D.
The Honourable Mr. Justice Joseph F. Kenkel
is a graduate of Queen's University and Osgoode Hall Law School. Before his appointment to the Ontario Court of Justice in 2000, he practised criminal law in Toronto and was the Treasurer of the Criminal Lawyer's Association. Justice Kenkel is a member of the Chief Justice's Technology Committee, which manages technology issues for the Ontario Court of Justice, the Superior Court of Justice and the Court of Appeal. He has been a regular speaker at conferences and universities on a range of topics including drinking and driving offences, court technology and scientific evidence.
Justice Kenkel presents the annual impaired driving lecture at the National Judge's Program in Bromont, Quebec, and chairs a panel at the impaired driving seminar held by the Law Society of Upper Canada. He has written four books, Impaired Driving in Canada, Impaired Driving in Canada – The Charter Cases
, the Criminal Lawyers' Trial Book
(1995-present), and Small Claims and Simplified Procedure Litigation, 4th Edition
, all published by LexisNexis Canada. Justice Kenkel has also contributed to Ontario Courtroom Procedure, 2012 Edition
and previous editions, currently edited by The Honourable Madam Justice Michelle Fuerst and The Honourable Madam Justice Mary Anne Sanderson, published by LexisNexis Canada®, DNA – A Practical Guide
, and Bar Admission materials published by the Law Society of Upper Canada. Justice Kenkel presides in Newmarket, Ontario in the Central East Region hearing criminal matters.
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