Alcohol and Drug Impaired Driving Offences Flashcards by Emily Love

What was the parliamentary intention of creating impaired driving offences?

Recognize the inherent danger of driving while intoxicated.

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What was parliament’s paramount consideration when creating impaired driving offences?

Protection of the public

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When were new impaired driving offence legislation introduced?

December 18, 2018

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What is an important component of impaired driving offences?

Deterrence

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What statutes/acts address impaired driving in some capacity?

Criminal code
Controlled Drugs and Substances Act
Highway traffic act

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What does the criminal code address in terms of impaired driving?

Governs the collection of breath or blood samples in the context of impaired driving offences.

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What does the controlled drugs and substances act address about impaired driving.

Not addressed specifically
Drug related offences addressed in general

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What is the most frequently occurring type of case in the Canadian justice system?

Impaired driving

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How much of impaired driving incidents are related to alcohol?

97%

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Who prosecutes drug only offences?

Federal Crown

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What is the primary consideration in alcohol related driving offences?

General deterrence

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What is one way in which legislation is acting to deter and denounce impaired driving?

Mandatory approved screening device demands now in place.

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What is the punishment for refusing to provide a breath sample?

$2000 minimum (up from $1000)

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What is the minimum punishment for driving with a BAC of 120?

$1000 + driving prohibition (12 months)

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What is the minimum punishment for driving with BAC between 120-160?

$1500 _ 12 months driving prohibition

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What is the minimum punishment for driving with BAC of 160 +?

$2000 + 12 months driving prohibition

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What is the minimum punishment for a second impaired driving charge?

30 days jail

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What is the punishment for each repeat impaired driving offence after two?

minimum 120 days in jail

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What was the outcome of R. v. Bingley?

Drug recognition expert evaluation a reliable method of determining whether the ability to operate conveyance is impaired by a drug or combination of alcohol and a drug.

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Following Bingley, what is a statute related to DREs?

Statute now makes them automatically admissible, no need to have Mohan voire dire

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What was the finding of R. v. Stellato?

The offence has been made out if the evidence of impairment establishes any degree of impairment, ranging from slight to great.

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What was established in R. v. Jackson?

Prosecutor must disclose list of items related to the functioning and operation of the approved instrument.

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What was held in R. v. Lacasse? How does this differ from what was established in R. v. Laycock?

Lacasse: Prohibition order takes effect after release
Laycock: Prohibition takes effect the day it is made

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What happens when an offender makes a statement in furtherance of their accident reporting obligation? What does this overrule? Does it impact R. v. White?

Statement admissible for grounds
Overrules R. v. Soules
Does not impact White

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When must accidents be reported?

When damage to vehicle exceeds $2000.

Differentiate between impaired driving and driving with a BAC of 80+ in terms of BAC readings.

Impaired: BAC readings not always needed 80+: BAC readings always required

Differentiate between impaired driving and driving with a BAC of 80+ in terms of forensic toxicologist necessity.

May not be necessary

Is evidence of impairment required in impaired driving offences? In BAC of 80+ cases?

Impaired: Must be evidence of ANY degree of impairment BAC: Do not need evidence of impairment

What is the mens rea to establish impaired operation offence?

Intention to operate motor vehicle after consumption of alcohol or drug.

In an impaired driving offence, does the Crown need to prove the accused knew they would be impaired at a particular time?

What type of offence is impaired operation?

General intent

Does alcohol or drugs need to be the sole cause of a person's impairment in an impaired driving offence?

No, just needs to be a contributing factor.

Is expert evidence required to conclude a substance is a drug and that its consumption had an impact on the ability to drive?

What is the drug per se limit?

5 ng + of THC per mL of blood withn 2 hours of driving

What is the low drug per se limit? What is the maximum fine?

Between 2-5 ng of THC/mL of blood within two hours of driving $1000

What is the limit of combined OH/drug per se?

2.5 ng THC/mL of blood and 50 mL of OH per 100 mL of blood within 2 hours of driving

True or false: Officer can demand that a driver comply with either or both a DRE evaluation demand and blood sample demand

True, must have reasonable grounds for impairment

What are the 5 types of issues related to drug per se offences?

Elimination rate AMount for impairment Detection Storage in body When consumed?

What is the elimination rate of THC?

Not clear

What is the elimination rate of OH?

10-20 mg OH/100 mL of blood per hour

What is the amount of THC for impairment?

No accepted BDC

What is the amount of alcohol for impairment?

BAC of 50 mg+

How is THC detected in blood?

No ability to say X amount of THC in oral fluid = Y amount in blood

How is alcohol detected?

Well understood relationship between OH, breath and blood

How can it be determined when THC was consumed?

Difficult to impossible to determine from blood or saliva sample.

Can we determined when alcohol was consumed?

Yes, well understood relationship

What is the first presumption in impaired driving cases?

The alcohol or drug was voluntarily consumed

When can presumption 1 of impaired driving offences be rebutted?

If accused raises a reasonable doubt as to whether they knowingly consumed the alcohol or drug.

Give examples of situations that may enable the rebuttal of presumption #1 in impaired driving cases.

Ingestion involuntary due to fraud or deceitful acts of another Ingested Rx medication without being aware of its effects.

What is the driver's seat presumption?

If it is proven that the accused occupied the seat or position ordinarily occupied by a person who operates a conveyance, the accused is presumed to have been operating the conveyance unless they establish that they did not occupy that seat or position for the purpose of setting the conveyance in motion.

What is the standard of proof for rebuttal of the driver's seat presumption?

Balance of probabilities

True or false: To prove the motorist occupied the driver's seat the Crown must establish that the accused is "sitting up straight with hands on the steering wheel and in all respects ready to drive."

False

What is the relevant time for assessing the driver's seat presumption?

Time accused first occupied driver's seat.

Is the driver's seat presumption still valid if... Person is asleep when police arrive Person planned to sleep and drive later on Person claims they will only drive when sober Vehicle is turned off

Yes Yes Yes Yes

What is the presumption of accuracy?

At the time of testing, the BAC is accurate

When is the presumption of accuracy proven? (4)

System air blank test System calibration test Interval of at least 15 minutes between samples Truncated results do not differ by more than BAC of 20

How many samples of breath are taken?

Two

What is the Statutory readback presumption?

If the first sample is taken more than 2 hrs after the person ceased to operate the conveyance And their BAC is about 20 at time of testing Then their BAC is conclusively presumed to be the BAC at the time the samples were taken Plus 5 mg for every 30 minute period in excess of those 2 hours

What is the drug class match presumption?

If a bodily sample contains the same drug as the one identified by the DRE at the scene, then it is presumed that: (1) the drug was present in the person’s body when they operated the vehicle; and (2) the drug specified caused their impairment.

What type of defences are almost always raised in drinling and driving caseS?

Charter defences

What are the two most common charter defences in drinking and driving cases?

Section 8 - right to be secure against unreasonable search and seizure S. 10(b) - informational + implementation (RTC must be provided immediately upon detention)