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Autonomous Vehicles

Self-Driving Cars and the Law of Canada

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Much of North American society has been built around automobiles — our cities are designed around them; our economy is propelled by them. Therefore, the impact and benefit of autonomous vehicles to people, to the environment, and to society as a whole will be profound as they become more commonplace. This idea once seemed futuristic and far-fetched, but every day we come closer to realizing such technology in our daily lives.

Proper automation will allow vehicles to move more quickly and safely by removing the risk of human error, and the law will need to adapt to this new reality. Civil liability may shift from drivers to manufacturers. Criminal acts will be changed by a “new normal” surrounding criminal intent. How would all of this be affected, for example, by a person’s decision to take control of the vehicle rather than rely on automation? What if the person relies only on automation? Both are potentially risky.

Over the coming decades, the law surrounding motor vehicles is going to go through profound changes as autonomous vehicles become common and issues of law deriving from advances in technology inevitably arise. The definition of autonomy will be debated as we move to find new solutions to age-old problems, ranging from gridlock to human error. With the transition to, and ongoing evolution of, autonomous vehicles, the law will have to be modified accordingly. A new area of law will be needed, and with it, an assessment of how the current law can be adapted. Autonomous Vehicles: Self-Driving Cars and the Law of Canada will serve as a ready resource as courts and litigants begin the journey down this new road.

Contributors

Nathan Baker

Nathan Baker is a criminal law practitioner who focuses on impaired-​driving matters. He also holds the role of standing agent for the Public Prosecution Service of Canada in Peterborough, prosecuting matters under the Controlled Drugs and Substances Act, in addition to his private practice. Since 2012, he has produced the Drug Recognition Exercise/Standardized Field Sobriety Testing Netletter for practitioners to keep them abreast of developments related to drug-impaired driving. He has developed and presents a CPD course in consultation with DRE officers. In 2015, he was a panel member on the Law Society of Upper Canada’s annual Drinking and Driving CPD and authored the paper provided to participants. Nathan received training to conduct SFST and DRE training at seminars in Atlanta and New Orleans in 2014 and 2016, and has also completed the NCDD Mastering Scientific Evidence Course. He believes that the law is often slower to evolve than technology, but hopes to lead the way in adapting law to autonomous vehicles.

Jaye Hooper

Jaye Hooper has been a litigation lawyer specializing in personal injury, professional liability, and insurance litigation for over twenty years. She has appeared before all levels of court, including the Court of Appeal and the Supreme Court of Canada. A past president of the County of Carleton Law Association and the Federation of Ontario Law Associations, Jaye is a leader at the Ontario bar. She has been a presenter at various continuing professional development panels, including matters focusing on civil litigation as well as professionalism. Jaye works to be accessible to those in need of legal services and strives to provide individualized care to those she serves.

Chapter Title Contents Contributors Pages Year Price

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In chapter one, Baker defines what an automation is by examining the six levels of automation as defined by Society of American Engineers or SAE, Level 0: No Automation, Level 1: Driver … 15 $1.50

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In chapter two, Baker reviews all existing automated sensing systems being used in vehicles today, examining the varying levels and challenges of each. 13 $1.30

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In chapter three, Baker examines the different regulatory laws regarding vehicle automation on the federal, provincial, and international levels. 17 $1.70

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In chapter four, Baker explores the potential challenges and issues which will arise from how automated vehicles are likely to affect their application of the Criminal Code in Canada. 53 $5.30

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In chapter five, Jaye Hooper, examines the questions of liability for both the users and creators of autonomous vehicles as they increasingly become part of the general market. 38 $3.80

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In chapter six, Baker reviews the arguments for why a move towards autonomous vehicles would be beneficial to present-day society, such as improved safety, shared ownership of vehicles, speed, … 10 $1.00

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In chapter seven, Baker explores the ethics behind the machine learning based algorithms programmed into autonomous vehicles and the moral dilemma which can arise from the decision-making … 15 $1.50

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In the conclusion, Barker reflects on the challenges presented by the further implementation of autonomous vehicles in the coming decades, and how their impact will stretch beyond civil and … 8 $0.80