Browsing by Author "Morris, Brianna"
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- ItemOpen AccessThe Law and Politics of Provincial Impaired Driving Legislation(2016) Morris, Brianna; Knopff, Rainer; Morton, Ted; Brodie, Ian; Flanagan, ThomasVarious versions of provincial impaired driving legislation have been challenged in court as unconstitutional on the basis that they invade the field of criminal law. Such laws almost always withstand constitutional scrutiny because they are said to be administrative and predominantly about roadside safety. Because provincial impaired driving laws are labelled as administrative proceedings rather than criminal proceedings, people are receiving significant penalties without the benefit of protections contained in the Canadian Charter of Rights and Freedoms. This thesis explores the political and legal controversies over the application of the double aspect doctrine and the applicability of s. 11 of the Charter to provincial impaired driving legislation. With the support of the federal government, provincial governments are seeking more efficient and effective ways to address the dangerous threat of impaired driving, making Canadian impaired driving policy a prime example of cooperative federalism in action.