The authors of the Annual Review have drawn upon their varied experience to chronicle and analyse the most significant case law and statutory developments, detailing how they impact on the practice of criminal law in Canada.
Chapter highlights include:
CHAPTER 1 - SUBSTANTIVE LAW
- General Principles: Mens Rea; The Doctrine of Transferred Intent Does Not Apply to Attempted Offences; Causation; Party Liability; Corporate Criminal Liability; Inchoate Offences.
- Offences: Assault; Break and Enter: Included Offences; Child Luring By Computer; Child Pornography; Criminal Harassment; Criminal Negligence Causing Death: Causation; Criminal Organization Definition; Dangerous Driving: Requisite Mens Rea; Drinking and Driving Offences; Drug Offences; Extortion: Indirect Gain Sufficient to Support Conviction; Forged Document: Uttering; Fraud; Indecent Exposure to a Child Over the Internet: Section 173(2); Living on the Avails of Prostitution; Murder: First Degree; Murder: Second Degree; Obstructing a Peace Officer and Obstructing Justice by Lying; Possession of Counterfeit Money: Inferring Joint Control; Possession of Stolen Goods: Recent Possession; Prohibition from Attending Public Park or Playground: Section 161; Robbery: Implied Threat of Violence; Sexual Assault; Sexual Exploitation; Terrorist Offences; Uttering Death Threats: Elements of the Offence.
- Defences: Accident; Alibi - Accused's Denial Improperly Characterized as Alibi Defence; Automatism: Parasomnia, Somnambulism and Sexsomnia: Sane; Insane Automatism?; Defence of Property and Prevention of an Offence (s. 27); Entrapment; Fitness to Stand Trial: Fetal Alcohol Spectrum Disorder; Infanticide as a Defence to Murder; Insanity/Mental Disorder Defence; Intoxication; Mistake of Fact: No Requirement for the Mistake to be Reasonable for a Subjective Mens Rea Offence; Mistake of Fact of Mistake of Law; Police Exemptions from Criminal Liability for Committing Crimes as Part of a Criminal Investigation: Section 25.1 Held to be Constitutional; Provocation; Res Judicata; Self-Defence.
CHAPTER 2 - POLICING AND THE CHARTER
Unreasonable Search and Seizure. Arbitrary Detention. Right to Counsel. Trial Within a Reasonable Time. Charter Remedies.
CHAPTER 3 – EVIDENCE
Witnesses and Presentation of Evidence. Methods of Proof. Exclusionary Rules: General Discretion to Exclude; Previous Sexual History; Character Evidence; Hearsay; Prior Consistent Statements; Opinion Evidence; Privilege.
CHAPTER 4 - CRIMINAL PROCEDURE
- Pre-Trial Procedures: Jurisdiction; Election; Bail; Disclosure; Form of Indictment; Severance; Pleas.
- Trial Procedure: Jury Selection.
- Conduct of the Trial: Publication Bans; Language of the Trial; Trial Fairness; Address to the Jury; Charging the Jury; Responses to Questions.
- Post-Trial Procedures: Appeal; Remedies; Extraordinary Remedies.
CHAPTER 5 – SENTENCING
Sentencing Procedures and Hearings. Sentencing Principles and Rules. Sentencing and Post-sentencing Options. Sentencing: Specific Offences. Dangerous and Long-Term Offenders. Youth Criminal Justice Act.
Jurisdiction: Canada
The authors of the Annual Review have drawn upon their varied experience to chronicle and analyse the most significant case law and statutory developments, detailing how they impact on the practice of criminal law in Canada.
Chapter highlights include:
CHAPTER 1 - SUBSTANTIVE LAW
- General Principles: Mens Rea; The Doctrine of Transferred Intent Does Not Apply to Attempted Offences; Causation; Party Liability; Corporate Criminal Liability; Inchoate Offences.
- Offences: Assault; Break and Enter: Included Offences; Child Luring By Computer; Child Pornography; Criminal Harassment; Criminal Negligence Causing Death: Causation; Criminal Organization Definition; Dangerous Driving: Requisite Mens Rea; Drinking and Driving Offences; Drug Offences; Extortion: Indirect Gain Sufficient to Support Conviction; Forged Document: Uttering; Fraud; Indecent Exposure to a Child Over the Internet: Section 173(2); Living on the Avails of Prostitution; Murder: First Degree; Murder: Second Degree; Obstructing a Peace Officer and Obstructing Justice by Lying; Possession of Counterfeit Money: Inferring Joint Control; Possession of Stolen Goods: Recent Possession; Prohibition...
