Inv D

Question 1

PART VIII.1 CRIMINAL CODE BillC-46 introduced measures that:

Answer 1

• Increase certain minimum fines and certain maximum penalties
• Facilitate investigation and proof of blood alcohol concentration
• Eliminate and restrict traditional defenses to impaired driving charges
• Clarify Crown disclosure requirements

Question 2

Critical elements of impaired driving offences

Answer 2

Proof of Operation
Time of Driving

Question 3

320.11 Criminal Code

Answer 3

Legal definitions for impaired investigations and testimony.

Question 4

Case law related to impaired driving investigation

Answer 4

R.v. Stellato- Investigator needs to formulate reasonable grounds of impairment.
R.v. Graat- A layman or police officer may give his opinion based on his own observation if the accused’s ability to drive is impaired.
R.v. Edson- a qualified breathalyzer technician is not, without further credentials, capable of relating the defendant’s reading to his ability to operate a motor vehicle.
R.v. Pelletier- an accused may be convicted although his impaired condition is partly due to fatigue and partly due to consumption of alcohol.
R.v. Penno- drunkenness is no defense to the charge of impairment.

Question 5

Two types of “care or control”

Answer 5

• Presumptive (described in legislation)
• De Facto (described in case law)

Question 6

Presumptive Care or Control

Answer 6

Section 320.14 or 320.15
If it is proved 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.

Question 7

De Facto Care or Control

Answer 7

R.v Ford
De Facto care or control is established when the impaired person performs some act or a series
of acts involving the use of the conveyance, its fittings or equipment, whereby the vehicle may
unintentionally be set in motion. This must be a realistic danger.

Question 8

INDICIA OF ALCOHOL IMPAIRMENT

Answer 8

The foundation of your “beliefs” related to an impaired driving investigation will always
involve your direct observations of a person’s physical impairment, and will be used to form
your grounds and trigger your authorities to arrest, charge and sanction.
It is alcohol’s affinity for water that has direct physiological effects on the human body.

Question 9

Common “classic” symptoms of impairment

Answer 9

Bloodshot
glassy eyes
slight stagger
slurred speech
an odor of alcohol

Question 10

Alcohol Impairment signs to make note of

Answer 10

• Driving pattern
• Attitude
• Witness reports
• Context
• Coherence/Awareness
• Statements
• Attire
• Judgement
• Scent
• Experience
• Coordination
• Balance
• Physical evidence
• Environment
• Fine motor skills
• Compliance
• Freshly lit cigarette
• Chewing gum

Question 11

Observations can made of the subject’s vehicle and driving pattern including:

Answer 11

• Driving well over/under speed limit
• Inconsistent speed
• Late to signal lane change/no signal at all
• High beams turned on/fail to dim
• Weaving in lane/crossing lines
• Hitting curbs
• Not following direction at checkstop
• Involved in collision/near miss
• Radio volume turned up too loud
• Window open when it is cold out
• Abrupt or inappropriate braking

Question 12

THE SEVEN CLASSES OF DRUGS

Answer 12

• Central Nervous System (CNS) Depressants
  o Slow the operation of the brain and body
• CNS Stimulants
  o Accelerate heart rate and over-stimulate the body
• Hallucinogens
  o Alters perception
• Dissociative Anesthetics
  o Inhibit pain
• Narcotic Analgesics
  o Relieve pain, induce euphoria and create mood changes
• Inhalants
  o Mind-altering results and effects
• Cannabis
  o Natural and synthetic derivatives

Question 13

Four Simpliciter Impaired Operation of Conveyance Offences

Answer 13

Section 320.14(1)
* (a) Impaired operation
* (b) Operation over 80
* (c) Impaired by Drug (over per se limit)
* (d) “Combo” offence

Question 14

Refusal offences

Answer 14

CC Sec 320.15

Question 15

Applicable Demands for Refusal Charge

Answer 15

Alcohol
* Mandatory Alcohol Screening (MAS) demand
* Approved Screening Device (ASD) demand
* Breath demand
* Blood demand
Drug
* Approved Drug Screening Equipment (ADSE) demand
* Standardized Field Sobriety Testing (SFST) demand
* Drug Recognition Evaluation (DRE) demand
* DRE – Blood demand
* DRE – Urine demand
Again, regardless of which demand is at issue, the charge will always be laid under s. 320.15(1)
CC, unless bodily harm or death are involved.