The New Presumption of Identity: Proof of Elements

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Author: Tim Foster QC

This paper explores how legislative updates to the Criminal Code section 320.31(1)(a) lead to substantial changes to both substantive and procedural impaired driving law.

In examining the question about certifiable alcohol standards, this paper reviews the decisions of numerous cases under both the old and new legislation.

This paper is part of a collection presented at LESA’s Impaired Driving program in Calgary on October 25, 2019 and in Edmonton on November 1, 2019.

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