Impaired Driving: The Dawn of a New Era | CPDonline.ca

Impaired Driving: The Dawn of a New Era

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Credits
Professionalism (Ethics, etc.): 0.25
15 minutes
Substantive: 1.5
90 minutes
Published
2019
Presenter(s)
Dannan Hawes
Karen E. Jokinen
Peter Keen
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
105 minutes
Price
$129.00 plus tax
Includes Handouts

Despite years of public attention and education, the tragic toll from criminal driving offences remains ever present. From a legal perspective, few would suggest that the old regime - technical, cumbersome and outdated - was working. On December 18, 2018 all of the old driving provisions of the Criminal Code were repealed and replaced with a brand-new legislative scheme, modernizing all driving offence provisions.

Get up to speed quickly on everything you need to know in the early months of the new provisions.

Join impaired driving experts Karen Jokinen (defence) and Peter Keen (Crown) as they provide a clear, concise and balanced review of the new provisions, including the reformulated criminal driving offences, the expanded police powers relating to roadside stops, screening and evidentiary demands, and the evidentiary provisions that will now guide the prosecution and defence of these charges.

You will also learn about:

  • New investigative techniques
  • Transitional cases
  • New procedural rules relating to proof and challenge
  • Provisions that will be subject to legal argument, judicial interpretation and constitutional challenges
  • Trial strategies and issues, sentencing and ethics
  • Details and differences between impaired driving, drinking and driving and drugged driving
  • Fines and sentencing, including corollary consequences
  • Creation of the “80 and over” offence
  • “Per se” drug limits and the THC and alcohol combined offence
  • Practical tips and knowledge amassed only by having prosecuted and defended hundreds of impaired driving cases

Presenters

Dannan Hawes

Karen E. Jokinen

Karen Jokinen graduated from the University of Western Ontario’s Law School in 1986 and was called to the bar in 1988. She started her criminal defence practice in London, Ontario where she was worked with and learned from her mentor Fletcher Dawson, now Mr. Justice Dawson, of the Superior Court Bench in Brampton. In October of 1997, she relocated to Barrie, Ontario where she continued her career as defence counsel and also became an agent for the Public Prosecution Services of Canada.

She is certified by the Law Society as a specialist in Criminal Law. As defence counsel, she defends all charges under the Criminal Code—murder, arson, conspiracies, sexual assaults, domestic assaults, robberies, thefts, frauds—and, of course, has developed an affinity for defending all driving offences, including alcohol and drug impaired simpliciter, causing bodily harm or death.

Ms. Jokinen was an instructor for the Law Society’s Bar Admission Course (Criminal Procedure Section) in London, Ontario from 1992 to 2000 and a frequent lecturer for various police forces on search and seizure, detention, and rights to counsel. She has co-chaired the Ontario Criminal Lawyers’ Spring Conference for over ten years; been on panels at both the CLA spring conference and fall conference; been on the Law Society of Ontario’s drinking and driving panel, partnered with Peter Keen, since 2014; and lectured at various other forums regarding both substantive and procedural criminal law and the ethics of criminal law.

Peter Keen

Peter Keen is an Assistant Crown Attorney with Ontario’s Ministry of the Attorney General. He was called to the bar in 2002, then earned an LLM from Cambridge University before becoming an Assistant Crown Attorney. He has authored numerous publications and conference presentations, with his work on third party records law being cited by the Supreme Court of Canada. He has presented at the Law Society of Ontario’s annual drinking and driving conferences for many years.

Mr. Keen has prosecuted numerous homicide, dangerous offender, sexual offence, and complex cases; acts as a regional resource in drinking and driving cases; and has extensive trial experience dealing with Criminal Code driving offences. He is often involved in training Crown prosecutors, is a regular presenter at legal education conferences. He has taught criminal lawyers outside Ontario, and has worked with Law Society of Ontario to develop their criminal law continuing professional development curriculum.

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