DateMars 2024
Nombre de pages462
Code de produit


Impaired Driving in Canada : The Charter Cases, 5th Edition

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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  • Older cases have been deleted where superceded by higher authority, overruled or no longer consistent with the current legislative scheme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


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 practised criminal law in Toronto and was the Treasurer of the Criminal Lawyers’ Association. Justice Kenkel presents the annual Impaired Driving lecture at the National New Judges’ Program in Quebec and is a regular speaker across the country on drinking and driving issues, scientific evidence and court technology. He is currently an Advisory Judge on Court Technology for the Ontario Court of Justice. He has chaired panels at the annual Impaired Driving Seminar held by the Law Society of Ontario and the Drug Impaired Driving Seminar at the Centre of Forensic Sciences. He has also developed special courses for the National Judicial Institute online programs and for provincial courts in several provinces. Justice Kenkel authors the LexisNexis® Impaired Driving NetLetter™ and has written four books, including Impaired Driving in Canada, Impaired Driving in Canada – The Charter Cases and The Criminal Lawyer’s Trial Book.