This guide provides key resources related to Impaired Driving Offences in Canada. It also includes materials dealing with non-criminal impaired driving offences within the legislation of the province of Alberta. Topics in this guide include:
- Evidentiary issues
- Impaired driving devices
Other related subject guides include:
- Constitutional Law & Charter of Rights & Freedoms
- Criminal Law – Drug Offences
- Criminal Procedure
- Criminal Law – Sentencing
Available in Alberta Law Libraries
- Table of Contents.
- Breathalyzer Law in Canada : the Prosecution and Defence of Drinking, Drugs and Driving Offences, 5th ed. by Roderick McLeod, John Takach, Murray Segal Table of Contents
- Criminal Code Driving Offences: companion text for Breathalyzer Law in Canada by Roderick M. McLeod, John D. Takach, Murray D. Segal Table of Contents
- Defending Drinking, Drugs and Driving Cases by Alan Gold Table of Contents
- Drug-impaired driving in Canada by Nathan Baker Table of Contents
- A Guide to breathalyzer certificates in Canada by Alan Pearse
- Impaired Driving and Breathalyzer Law: recent case law by Keith R. Hamilton Table of Contents
- Impaired Driving and other Criminal Code driving offences: a practitioner’s handbook by Karen Jokinen & Peter Keen Table of Contents. Also available as an e-text
- Impaired Driving in Canada, 5th ed. by Joseph Kenkel Table of Contents
- Impaired Driving in Canada the Charter Cases, 4th ed. by Joseph Kenkel Table of Contents
- Understanding all Impaired Driving Devices: their history, problems, foibles and merits and why these devices and support systems had to come into existence by Paul D. Haines Table of Contents
- Wigmore on cannabis: the forensic toxicology of marijuana for lawyers and other medicolegal professionals by James G. Wigmore Table of Contents
- Tremeear’s criminal code : and the following related statutes, Canada Evidence Act, Canadian Charter of Rights and Freedoms, Food and Drugs Act, Narcotic Control Act, Young Offenders Act by David Watt, Michelle K. Fuerst Table of Contents
- Crankshaw’s Criminal Code of Canada: R.S.C. 1985 by Gary P. Rodrigues Table of Contents
For more information on finding cases see our research guide : Finding and researching cases.
Alberta Court Judgments
A collection of the judgments of the Alberta Courts is available from CanLII. The official version of the reasons for judgment is the signed original or handwritten endorsement in the court file. If there is a question about the content of a judgment, the original court file takes precedence.
*Especially s 253 to s 261
- s 253 – Operation while impaired
- s 254 – Definitions, Testing for presence of alcohol or a drug, etc.
- s 254.1 – Regulations
- s 255 – Punishment
- s 256 – Warrants to obtain blood samples
- s 257 – No offence committed
- s 258 – Proceedings under section 255
- s 259-260 – Prohibitions
- s 261 – Stay of order pending appeal
Regulated Regulations under the Criminal Code
Federal Acts and Regulations can be found electronically at:
Search for “impaired”, “alcohol” or “drugs”
Related Regulations under the Traffic Safety Act
To access or purchase the official version, go to: Alberta King’s Printer
Canadian Encyclopedic Digest
Sections related to Impaired Driving include:
- Constitutional Law.
- Criminal law – Defences.
- Criminal law – Offences.
- Driving Offences
- Criminal Law – Procedure.
- Motor Vehicles.
- Driving Offences
The CED provides discussion of these areas of law with annotations to legislation and case law. Additional information may be found by searching the indexes or database using the keywords “impaired driving,” “driving while impaired,” “breathalyzer,” “breath sample,” “blood sample,” etc.
Also available electronically through: Westlaw Canada
Halsbury's Laws of Canada
Halsbury’s laws of Canada is a multi-volume set includes coverage of Federal, Provincial & Territorial legislation.
Also available electronically through: LexisAdvance® Quicklaw®
Titles related to Impaired Driving include:
- Constitutional Law (Charter of Rights) (HCHR)
- Criminal Offences (HCR)
- Evidence (HEV)
- Motor Vehicles (HMV)
- Public Health (HPH)
Additional information may be found under other topical headings.
- LexisAdvance® Quicklaw® includes Impaired Driving NetLetter by the Hon. Justice Joseph F. Kenkel
- Westlaw Canada includes Segal’s Motor Vehicle and Impaired Driving Newsletter and contains a collection of Canadian journals and law reviews, as well as all articles and case comments appearing in Carswell law reports.
- HeinOnline – includes the Criminal Law Quarterly and Canadian Journal of Criminology and Criminal Justice. Provides full-text access to Canadian and international law reviews and legal journals.
- Administrative Penalties for Drivers with Blood Alcohol .05 – .08 (Alberta Government)
- Impaired Driving 2019 (SLS) Produced by Student Legal Services
- Strengthening Alberta’s Approach to Impaired Driving (Alberta Transportation)
- Alberta’s approach to impaired driving – questions and answers
- Alcohol and Drug Impaired Driving (Royal Canadian Mounted Police)
- Impaired Driving in Canada (Juristat, Canadian Centre for Justice Statistics)
- Mandatory Minimum Penalties: Their Effects on Crime, Sentencing Disparities, and Justice System Expenditures: Mandatory Sentences for Impaired Driving (Department of Justice, Canada)
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