Drug-Impaired Driving in Canada

While drug-impaired driving has been a criminal offence in Canada since 1925, charges have been more common and more complex since the approval of the Drug Recognition Exercises (DRE) and Standardized Field Sobriety Tests (SFST) in 2008. The legalization of marijuana and the imposition of per se limits for a number of drugs emphasizes the importance of a concise source of information for the complex matters raised in these cases.

Drug-Impaired Driving in Canada is a ready reference for prosecutors, defence lawyers, and the judiciary, covering the matters unique to drug-impaired driving cases. Key areas covered include the DRE, the SFST, specimen testing for drugs, specialized experts, new provincial and federal legislation on the topic, and caselaw in this developing area. This text provides a breakdown of the intricate issues that pervade drug-impaired driving cases.

Nathan Baker

For the past eleven years Nathan has been a criminal law practitioner who focuses on impaired-driving matters. Most recently he has taken on the additional 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 presented a day-long 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 for the panel. Nathan has received training to conduct SFST and DRE training at seminars in Atlanta and New Orleans in 2014 and 2016, as well as completing the NCDD Mastering Scientific Evidence Course.

Chapter Title Abstract Contributors Pages Year Price

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While drug-impaired driving cases involve the typical sources of information in any criminal matter, in addition they include information garnered through Drug Recognition Evaluations (DRE) and … 9 $0.90

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This chapter discusses the types of tests used to detect the presence of and impairment from drugs in Canada, including the Standardized Field Sobriety Test (SFST) and the Drug Recognition … 21 $2.10

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This chapter outlines the various chemical tests are used to detect the presence of drugs, using different bodily samples. 22 $2.20

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The drug-category matrix provides a method of classification to test to determine the kind of drug or the category of drug which impaired the accused. This matrix forms the centre of the … 4 $0.40

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This chapter outlines the seven categories of drugs considered by the Drug Recognition Evaluation (DRE) program. 8 $0.80

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This chapter deals with the different types of experts who may be consulted in drug-impairment cases, and their individual areas of expertise. 13 $1.30

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While Charter issues in drug-impaired driving cases are often similar to those in alcohol-impaired driving cases, there are some distinct issues unique to drug-impaired driving, and those are … 28 $2.80

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Chapter 8 outlines the implications of Bill C-46 (now law), amendments to the Criminal Code, affecting both alcohol- and drug-impaired driving. 17 $1.70

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Chapter 9 reviews provincial legislation which is relevant because the provinces have jurisdiction over driving and licensing issues. Different legislatures are taking different views as to the … 8 $0.80

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This chapter suggests ways to assist triers-of-fact to best use and understand the evidence being presented before them in this new area of the law. 4 $0.40

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This chapter looks ahead to new technologies and tests being developed to better deal with drug-impaired driving in the future, as well as anticipating new drugs, self-driving cars, and other … 12 $1.20

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This chapter contains succinct summaries of holdings in important drug-impaired driving cases grouped by issue. 24 $2.40

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This chapter outlines studies in the scientific literature which are relevant to the practice of drug-impaired driving law, grouped by issue. 38 $3.80

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Chapter 14 deals with the sentencing of individuals convicted of drug-impaired driving. 4 $0.40

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The Appendix lists possible disclosure materials which might be useful in assessing a drug-impaired driving case. 2 $0.20

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The Glossary contains definitions of scientific terms contained in the book which come into play in drug-impaired driving cases, including many of the acronyms by which these terms are commonly known. 5 $0.50