Criminal Law – Impaired Driving

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:

  • Defences
  • Evidentiary issues
  • Impaired driving devices
  • Sentencing/Penalties

Other related subject guides include:

Texts

Available in Alberta Law Libraries

Annotated Legislation

Case Law

For more information on finding cases see our research guide : Finding and researching cases.

E-Resources

Print

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.

Digests

E-Resources

The Canadian Abridgment available on: Westlaw Canada

All Canadian Summaries, Canadian Case Summaries and Canada Digest are available on: LexisAdvance® Quicklaw® 

Print Resources

Drinking, Drugs and Driving Law

Legislation

Federal

Statutes

       *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

Provincial

Encyclopedias

Canadian Encyclopedic Digest

Canadian encyclopedic digest (C.E.D.) (Western)

Sections related to Impaired Driving include:

  • Constitutional Law. 
  • Criminal law – Defences.
  • Criminal law – Offences.
    • Driving Offences
  • Criminal Law – Procedure. 
  • Motor Vehicles. 
  • Sentencing.
    • 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:

Additional information may be found under other topical headings.

Journals

E-Resources

  • 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 JusticeProvides full-text access to Canadian and international law reviews and legal journals.

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