Criminal Code Driving Offences: A Companion Text for Breathalyzer Law in Canada focuses on the Criminal Code offences involving the operation of a motor vehicle
Criminal Code Driving Offences: A Companion Text for Breathalyzer Law in Canada focuses on the Criminal Code offences involving the operation of a motor vehicle, including criminal negligence, dangerous driving, failing to remain at the scene of an accident, and driving while disqualified. The expertly written commentary sets out the constituent elements of the offences, with case law used to analyze various substantive and procedural issues that commonly arise. Also discussed are how the Charter of Rights and Freedoms impacts on these offences, and the type and duration of sentences for each offence. Additional features include sample documentation, such as prohibition orders, notices of licence suspension, and certificates of the Registrar, as well as a Words and Phrases resource, consisting of a consolidation of judicial interpretations of terminology commonly used in motor vehicle cases.
Updates coming soon to this publication
Expert commentary will highlight the significant changes brought about by Bill C-46, coming into force in December 2018.
- Redefine the actus reus
- Make hybrid dangerous driving and dangerous driving causing bodily harm
- Increase the maximum penalties on indictment for dangerous, dangerous causing bodily harm, and dangerous causing death from 5,10, and 14 years to 10,14, and life, respectively
- Increase the maximum punishment on summary conviction from 6 months to 2 years less 1 day
- Eliminate the offence of dangerous driving while street racing
- Create a set of aggravating sentencing factors for all driving offences
Fail to Remain
- Change the intention from with intent to escape civil or criminal liability to "knows that or is reckless as to whether the vehicle has been involved in an accident"
- Increase the penalties on summary conviction and by indictment
- Include the new driving under the influence of drugs into the legislative scheme
- Change the ingredients of the offence to obviate the need for the prosecution to prove when the driving occurred
- Increase the maximum prohibition on a second offence
- Provide for discretionary prohibition orders for low blood drug concentrations
- Remove the requirement to read the order in court
- Create short periods to wait until being admitted into an ignition interlock program
- Permit consecutive prohibition periods
Driving while Disqualified
- Increase the maximum penalty on summary conviction
- Make it an aggravating facto to be caught driving while banned from driving under provincial or federal law
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