Conveyance Offences: Difference between revisions

Revision as of 11:22, 2 August 2019

Introduction

On December 18, 2018, Part VIII.1 entitled "Offences Relating to Conveyances" was added to the Code.

Statement of Principles

Recognition and declaration

320.12 It is recognized and declared that

(a) operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety;

(b) the protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians;

(c) the analysis of a sample of a person’s breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and

(d) an evaluation conducted by an evaluating officer is a reliable method of determining whether a person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.

2018, c. 21, s. 15

– CCC

Offences

Procedure

Prior to December 2018

Definitions

Under Part VIII.1 under "Offences Relating to Conveyances", the following definitions apply:

Interpretation

Definitions

320.11 The following definitions apply in this Part.
analyst means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) or paragraph 320.4(c). (analyste)
approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d). (contenant approuvé)
approved drug screening equipment means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b). (matériel de détection des drogues approuvé)
approved instrument means an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c). (éthylomètre approuvé)
approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a). (appareil de détection approuvé)
conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. (moyen de transport)
evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. (agent évaluateur)
operate means

(a) in respect of a motor vehicle, to drive it or to have care or control of it;

(b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and

(c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. (conduire)

qualified medical practitioner means a person who is qualified under provincial law to practise medicine. (médecin qualifié)
qualified technician means

(a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a); and

(b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i). (technicien qualifié)

vessel includes a hovercraft. (bateau) 2018, c. 21, s. 15

– CCC

@@ Line 24: / Line 24: @@
 * [[Driving While Disqualified (Offence)]]
 ==Procedure==
+[[File:Impaired_Driving.png|900px|thumb|Investigation of Impairment/Over 80]]
 * [[Arrest and Detention]]
 * [[Screening for Drugs or Alcohol]]