A Guide to Breathalyzer Certificates in Canada (Print & ProView)
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A Guide to Breathalyzer Certificates in Canada is a practical reference guide to impaired driving cases intended for prosecutors, defence counsel, and judges. This practical guide is designed to be used at trial, to prepare for trial, or to advise clients. Its primary focus is on the issue of the admissibility of the breathalyzer certificate of analysis. The organization of chapters follows the natural progression of a typical impaired driving investigation, beginning with the detention of the accused, followed by screening demands, the right to counsel, and evidence to the contrary.
Remedies under § 24(2) of the Charter are also examined. Each chapter contains a checklist covering the main points contained with the text of the chapter, plus detailed examples of hypothetical scenarios to illustrate the application of the points of law as well as leading case law from the Supreme Court of Canada, Courts of Appeal, and trial courts. The appendices include a historical concordance of relevant Criminal Code provisions, plus helpful checklists, and precedents.
The following areas will be addressed in the upcoming commentary
- New guiding principles contained in the Recognition and Declaration, legal effect, and potential Charter challenges
- Changes to basic elements of the offence of impaired driving
- Statutory defences to the new rules
- Changes to the Impaired by Drugs sections, resulting evidentiary rules, and potential Charter challenges
- Changes to sentencing and resulting immigration consequences
- Changes to the Evidentiary Rules required to produce a valid Certificate of Analysis, and related issues
- New Rules regarding the requirements to make valid breath demands
- Statutory disclosure rules
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