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You can be charged with a DUI on a boat in Canada, even in a canoe. Since the 2018 reforms to the Criminal Code, operating any “vessel” while impaired by alcohol or drugs is treated the same as impaired driving. This includes powerboats, sailboats, jet skis, and non-motorized vessels like canoes and kayaks. Boating under the influence is legally called “impaired operation of a vessel”, and a conviction carries the same serious consequences: a mandatory $1,000 fine, a one-year driving prohibition, and a criminal record.

Impaired boating charges often involve unique circumstances. You do not need to be actively steering or moving the boat to be charged. The police can lay charges if they believe you were in care and control of the vessel while impaired. This includes drifting, anchoring, or even holding the tiller. Unlike roadside vehicle stops, boating investigations often involve different search rules, uncertain timelines, and questions about who was actually operating the vessel. These are all areas where we can raise strong legal defences.

The law applies to non-motorized vessels. As surprising as it may sound, the federal government changed the law to make impaired operation apply to all vessels, whether motorized or not. That means you can face full impaired driving charges, with the same penalties, even if you are floating in a canoe with a glass of wine in your hand.

We know how to defend these cases. Many people charged with impaired boating mistakenly believe they had a right to refuse a breath test or that the rules on the water are more relaxed. They may have been socializing or enjoying a long weekend, not realizing that police treat these incidents as seriously as impaired driving on land. Our team has defended cases involving alcohol, cannabis, prescription and street drugs. We know how to challenge police evidence, question assumptions, and fight to protect your reputation.

A charge is not a conviction. We can help. Whether you are concerned about your licence, your record, or your ability to travel, the consequences of an impaired boating charge are serious. But we have helped people just like you beat these charges, avoid convictions, and move forward with their lives.

With serious penalties on the line, you owe it to yourself to get proper legal advice and build a strong defence.

Call now 1-877-497-3927

Schedule a FREE assessment

Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.

OUR LEGAL ASSESSMENT PROCESS

1

COMPLIMENTARY ASSESSMENT

This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.

2

Intake and Set-Dates

Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.

3

Analysis and Pre-Trials

Our entire team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.

4

Hearing Date

This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.

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