Canadian Legislation Database for Ontario DUI Defence Lawyers

 

Bill C-46 Substantive Offences

Bill C-46 Procedure and Evidence 

Bill C-46 Penalties, Suspensions, Prohibitions

Bill C-2 Substantive Offences prior to December 18, 2018

Bill C-2 Procedure and Evidence offences prior to December 18, 2018

Note: It is respectfully submitted that since section 320 creates an entirely new regime of offences and limits defences to those contained in section 320.31, the procedural and evidence sections of 320 are not retrospective for offences prior to December 18, 2018. See R. v. Dineley [2012] S.C.J. No. 58

Bill C-2 Penalties, Suspensions Prohibitions offences prior to Dec 18

Highway Traffic Act

Immigration Act

 

Dangerous Driving Bill C-46 320.13 Criminal Driving Offences (not DUI)
Drive Disqualified Bill C-46 320.18 Drive While Suspended Offense
Blood Demand Bill C-46 320.28 DUI Procedure/Evidence
Blood Demand on Drug RPG Bill C-46 320.28 DUI Procedure/Evidence
Breath Demand for AI Analysis Bill C-46 320.28 DUI Procedure/Evidence
Care or Control Presumption Bill C-46 320.35 DUI Procedure/Evidence
Certificate of Qualified Technician or Analyst Bill C-46 320.32 DUI Procedure/Evidence
Demand by DRE Officer for Urine or Blood Bill C-46 320.28 DUI Procedure/Evidence
DRE Demand Bill C-46 320.28 DUI Procedure/Evidence
Instrument Test Record Ticket Bill C-46 320.33 DUI Procedure/Evidence
Presumption of BAC Bill C-46 320.31 DUI Procedure/Evidence
Prohibition on Disclosing Disclosure Bill C-46 320.36 DUI Procedure/Evidence
Screening Demand with Reasonable Suspicion Bill C-46 320.27 DUI Procedure/Evidence
Screening Demand without Reasonable Suspicion - Random Bill C-46 320.27 DUI Procedure/Evidence
Aggravating Circumstances for Sentencing Bill C-46 320.22 Penalties/Suspension on Conviction, Prohibition
Minimum Fine for Refuse Demand Bill C-46 320.19(4) Penalties/Suspension on Conviction, Prohibition
Minimum Fines for High BAC Bill C-46 320.19(3) Penalties/Suspension on Conviction, Prohibition
Penalty for Impaired, Over 80, Refuse Bill C-46 320.19 Penalties/Suspension on Conviction, Prohibition
Failure or Refusal to Comply with a Demand Bill C-46 320.15 Refusal Offense/Presumption
Operate Conveyance While Impaired/Over 80 Bill C-46 320.14 Substantive DUI/Excess Alcohol Offense
Prescribed Blood Drug Concentrations C-46 Regulations SOR/2018-149 Substantive DUI/Excess Alcohol Offense
Jury Trials Canadian Charter of Rights and Freedoms 11(f) Constitutional Rights
Right to Counsel Canadian Charter of Rights and Freedoms 10 (b) Constitutional Rights
Right to Trial Within a Reasonable time Canadian Charter of Rights and Freedoms 11 (b) Constitutional Rights
Trial Fairness and Disclosure Canadian Charter of Rights and Freedoms 7 Constitutional Rights
Assault - Common Assault Criminal Code of Canada 266 Assault, Spousal assault, Threats
Dangerous Driving Criminal Code of Canada 249 Criminal Driving Offences (not DUI)
Fail to Stop at Scene of Accident Criminal Code of Canada 252 Criminal Driving Offences (not DUI)
Fail to Stop for Police Criminal Code of Canada 249.1 Criminal Driving Offences (not DUI)
Drive while Prohibited or Suspended Offence Criminal Code of Canada 259 (4) and (5) Drive While Suspended Offense
Alcohol Drug Evaluation Demand and Screening Procedure Criminal Code of Canada 254(3.1) DUI Procedure/Evidence
Approved Screening Device or Physical Tests  Demand Criminal Code of Canada 254 (2) DUI Procedure/Evidence
Blood Demand Alcohol Criminal Code of Canada 254(3) DUI Procedure/Evidence
Blood Warrant Criminal Code of Canada 256(1) DUI Procedure/Evidence
Breath Demand Criminal Code of Canada 254 (3) DUI Procedure/Evidence
Care or Control Presumption Criminal Code of Canada 258 (1) (a) DUI Procedure/Evidence
Certificate of Qualified Technician Criminal Code of Canada 258(1)(g) DUI Procedure/Evidence
Instrument Test Record Card/Ticket Criminal Code of Canada 258(1)(f.1) DUI Procedure/Evidence
Presumption of BAC Criminal Code of Canada 258 (1) (c) DUI Procedure/Evidence
Aggravating circumstances for sentencing over 160 Criminal Code of Canada 255.1 Penalties/Suspension on Conviction, Prohibition
Driving Prohibition Criminal Code of Canada 259 (1) Penalties/Suspension on Conviction, Prohibition
Minimum Fine/Jail Criminal Code of Canada 255 (1) Penalties/Suspension on Conviction, Prohibition
Offenders Accountability for Victims Criminal Code of Canada 737 Penalties/Suspension on Conviction, Prohibition
Refusal Offence Criminal Code of Canada 254 (5) Refusal Offense/Presumption
Impaired Driving/Over 80 Criminal Code of Canada 253 Substantive DUI/Excess Alcohol Offense
Application for a Record Suspension Criminal Records Act 3, 4 Expungement/Pardons/RecordPurge
Impound Vehicle for Drive Suspended Highway Traffic Act 55.1(2) Drive While Suspended Offense
Conduct Review Programme with Interlock Highway Traffic Act 57 Penalties/Suspension on Conviction, Prohibition
Reduction in Suspension Highway Traffic Act 41(4.1) Penalties/Suspension on Conviction, Prohibition
Careless Driving Highway Traffic Act 130 Substantive DUI/Excess Alcohol Offense
3 Day Suspension Over 50 mg/100mL Highway Traffic Act of Ontario 48 Administrative Driver's License Suspension
Automatic 90 Day Suspension when Charged with Over 80 or Refusal Highway Traffic Act of Ontario 48.3 Administrative Driver's License Suspension
Grounds for Appeal of ADLS Highway Traffic Act of Ontario 50.1 (1) to (7) Administrative Driver's License Suspension
Over 0 Novice Driver Highway Traffic Act of Ontario 48.1 Administrative Driver's License Suspension
Impounding Vehicle Driven by Suspended Driver Highway Traffic Act of Ontario 55.1 (1) to (3) Drive While Suspended Offense
Power to Stop by a Police Officer Highway Traffic Act of Ontario 216 (1) DUI Procedure/Evidence
Automatic Suspension on Conviction in Reciprocating US State Highway Traffic Act of Ontario 41 (1) DUI Reciprocal Agreements
Conduct Review Programs Highway Traffic Act of Ontario 57 Penalties/Suspension on Conviction, Prohibition
Ignition Interlock Devices on Re-instatement After Suspension Highway Traffic Act of Ontario 41.2 (1) to (13) Penalties/Suspension on Conviction, Prohibition
Lookback Periods for Provincial Suspension Highway Traffic Act of Ontario 41 Penalties/Suspension on Conviction, Prohibition
Suspension of Licence for Impaired/Over 80 Highway Traffic Act of Ontario 41 (1) Penalties/Suspension on Conviction, Prohibition
Reduction in Post-conviction Suspension with Interlock Highway Traffic Act of Ontario, Regulations 287/08 Penalties/Suspension on Conviction, Prohibition
No Inadmissibility for YCJA Offence Immigration Act 36 (3) (e) Immigration / Exclusion of Visitors
Inadmissibility to Canada for Criminal Conviction Immigration and Refugee Protection Act of Canada 36 (1) to (3) Immigration/Exclusion of Visitors
Presumption of Accuracy Interpretation Act 25 DUI Procedure/Evidence

 

 

Bill C-46 substantive offences:

Dangerous Driving Bill C-46 320.13 Criminal Driving Offences (not DUI)
Drive Disqualified Bill C-46 320.18 Drive While Suspended Offense
Failure or Refusal to Comply with a Demand Bill C-46 320.15 Refusal Offense/Presumption
Operate Conveyance While Impaired/Over 80 Bill C-46 320.14 Substantive DUI/Excess Alcohol Offense
Prescribed Blood Drug Concentrations C-46 Regulations SOR/2018-149 Substantive DUI/Excess Alcohol Offense

 

 

 

Bill C-46 Procedure and Evidence:

Blood Demand Bill C-46 320.28 DUI Procedure/Evidence
Blood Demand on Drug RPG Bill C-46 320.28 DUI Procedure/Evidence
Breath Demand for AI Analysis Bill C-46 320.28 DUI Procedure/Evidence
Care or Control Presumption Bill C-46 320.35 DUI Procedure/Evidence
Certificate of Qualified Technician or Analyst Bill C-46 320.32 DUI Procedure/Evidence
Demand by DRE Officer for Urine or Blood Bill C-46 320.28 DUI Procedure/Evidence
DRE Demand Bill C-46 320.28 DUI Procedure/Evidence
Instrument Test Record Ticket Bill C-46 320.33 DUI Procedure/Evidence
Presumption of BAC Bill C-46 320.31 DUI Procedure/Evidence
Prohibition on Disclosing Disclosure Bill C-46 320.36 DUI Procedure/Evidence
Screening Demand with Reasonable Suspicion Bill C-46 320.27 DUI Procedure/Evidence
Screening Demand without Reasonable Suspicion - Random Bill C-46 320.27 DUI Procedure/Evidence

 

 

 

Bill C-46 Penalties, Suspensions, Prohibitions:

Aggravating Circumstances for Sentencing Bill C-46 320.22 Penalties/Suspension on Conviction, Prohibition
Minimum Fine for Refuse Demand Bill C-46 320.19(4) Penalties/Suspension on Conviction, Prohibition
Minimum Fines for High BAC Bill C-46 320.19(3) Penalties/Suspension on Conviction, Prohibition
Penalty for Impaired, Over 80, Refuse Bill C-46 320.19 Penalties/Suspension on Conviction, Prohibition

 

 

 

Bill C-2 Substantive Offences:

Dangerous Driving Criminal Code of Canada 249 Criminal Driving Offences (not DUI)
Fail to Stop at Scene of Accident Criminal Code of Canada 252 Criminal Driving Offences (not DUI)
Fail to Stop for Police Criminal Code of Canada 249.1 Criminal Driving Offences (not DUI)
Drive while Prohibited or Suspended Offence Criminal Code of Canada 259 (4) and (5) Drive While Suspended Offense
Refusal Offence Criminal Code of Canada 254 (5) Refusal Offense/Presumption
Impaired Driving/Over 80 Criminal Code of Canada 253 Substantive DUI/Excess Alcohol Offense

 

 

 

 

Bill C-2 Penalties, Suspensions Prohibitions

Aggravating circumstances for sentencing over 160 Criminal Code of Canada 255.1 Penalties/Suspension on Conviction, Prohibition
Driving Prohibition Criminal Code of Canada 259 (1) Penalties/Suspension on Conviction, Prohibition
Minimum Fine/Jail Criminal Code of Canada 255 (1) Penalties/Suspension on Conviction, Prohibition
Offenders Accountability for Victims Criminal Code of Canada 737 Penalties/Suspension on Conviction, Prohibition

 

 

 

 

 

Bill C-2 Procedure and Evidence

Alcohol Drug Evaluation Demand and Screening Procedure Criminal Code of Canada 254(3.1) DUI Procedure/Evidence
Approved Screening Device or Physical Tests  Demand Criminal Code of Canada 254 (2) DUI Procedure/Evidence
Blood Demand Alcohol Criminal Code of Canada 254(3) DUI Procedure/Evidence
Blood Warrant Criminal Code of Canada 256(1) DUI Procedure/Evidence
Breath Demand Criminal Code of Canada 254 (3) DUI Procedure/Evidence
Care or Control Presumption Criminal Code of Canada 258 (1) (a) DUI Procedure/Evidence
Certificate of Qualified Technician Criminal Code of Canada 258(1)(g) DUI Procedure/Evidence
Instrument Test Record Card/Ticket Criminal Code of Canada 258(1)(f.1) DUI Procedure/Evidence
Presumption of BAC Criminal Code of Canada 258 (1) (c) DUI Procedure/Evidence

 

 

 

 

Immigration Act

No Inadmissibility for YCJA Offence Immigration Act 36 (3) (e) Immigration / Exclusion of Visitors
Inadmissibility to Canada for Criminal Conviction Immigration and Refugee Protection Act of Canada 36 (1) to (3) Immigration/Exclusion of Visitors

 

 

 

 

 

Ontario Highway Traffic Act

Impound Vehicle for Drive Suspended Highway Traffic Act 55.1(2) Drive While Suspended Offense
Conduct Review Programme with Interlock Highway Traffic Act 57 Penalties/Suspension on Conviction, Prohibition
Reduction in Suspension Highway Traffic Act 41(4.1) Penalties/Suspension on Conviction, Prohibition
Careless Driving Highway Traffic Act 130 Substantive DUI/Excess Alcohol Offense
3 Day Suspension Over 50 mg/100mL Highway Traffic Act of Ontario 48 Administrative Driver's License Suspension
Automatic 90 Day Suspension when Charged with Over 80 or Refusal Highway Traffic Act of Ontario 48.3 Administrative Driver's License Suspension
Grounds for Appeal of ADLS Highway Traffic Act of Ontario 50.1 (1) to (7) Administrative Driver's License Suspension
Over 0 Novice Driver Highway Traffic Act of Ontario 48.1 Administrative Driver's License Suspension
Impounding Vehicle Driven by Suspended Driver Highway Traffic Act of Ontario 55.1 (1) to (3) Drive While Suspended Offense
Power to Stop by a Police Officer Highway Traffic Act of Ontario 216 (1) DUI Procedure/Evidence
Automatic Suspension on Conviction in Reciprocating US State Highway Traffic Act of Ontario 41 (1) DUI Reciprocal Agreements
Conduct Review Programs Highway Traffic Act of Ontario 57 Penalties/Suspension on Conviction, Prohibition
Ignition Interlock Devices on Re-instatement After Suspension Highway Traffic Act of Ontario 41.2 (1) to (13) Penalties/Suspension on Conviction, Prohibition
Lookback Periods for Provincial Suspension Highway Traffic Act of Ontario 41 Penalties/Suspension on Conviction, Prohibition
Suspension of Licence for Impaired/Over 80 Highway Traffic Act of Ontario 41 (1) Penalties/Suspension on Conviction, Prohibition
Reduction in Post-conviction Suspension with Interlock Highway Traffic Act of Ontario, Regulations 287/08 Penalties/Suspension on Conviction, Prohibition