Product Details
L95446
Online
$440 per supplement (10-12 per year). Supplements invoiced separately.
Online version of 2 volumes looseleaf
-
2018-11-23
Carswell

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Criminal Code Driving Offences: A Companion Text for Breathalyzer Law In Canada (ProView online only)
Availability: In Stock
$595.00
Description

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.

Dangerous Driving

  • 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

Prohibition Orders

  • 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

Also available as an eLooseleaf on ProView with an integrated search option for WestlawNext Canada subscribers. See all available titles at store.thomsonreuters.ca/elooseleaf

About the Author

Murray Segal practises as independent legal counsel, consultant, and mediator. Mr. Segal is the former Deputy Attorney General and former Chief Prosecutor of Ontario. He has prosecuted some of the most significant and challenging cases in the country, including Canada's largest white collar crime case. He is comfortable at every level of court and has appeared before the Supreme Court of Canada on many occasions, arguing complex constitutional and other matters. Today, drawing on his extensive legal and executive experience, he advises and represents clients in both the public and private sectors. As a criminal law authority he has national stature, having written and lectured extensively across Canada.