This compilation provides easy, portable access to valuable content from the respected practice manuals Canadian Criminal Code Offences and Criminal Law Evidence, Practice and Procedure used by Crown counsel, defence counsel, judges and police. The selected chapters from these manuals bring together essential information on commonly charged offences designed to assist the beginning practitioner. The procedural aspect of this book is designed to provide step-by-step guidance to evidentiary, procedural and practice topics that arise in criminal law practice.
Case Law Highlights
- R. v. Alcantara (2015 ABCA) Party Liability — The accused provided protection by removing persons who interfered with or who stole from a drug trafficking operation – even without evidence of involvement in specific drug transactions, Alberta’s Court of Appeal held the accused liable as a party.
- R. v. Beattie (2015 BCCA) Robbery — The Court of Appeal held the mandatory jail term for robbery committed with a firearm not to apply to a charge of attempted robbery.
- R. v. Conway (2015 QCCA) Unlawful Assembly — Riot —Quebec’s Court of Appeal found the ‘tumultuous’ quality that distinguishes a riot from other unlawful assemblies to require the actual occurrence of, rather than the mere potential for, violence.
- R. v. Hardy (2015 MBCA) Impaired, Over .08 and Refusal — The appellate court accepted, as reasonable in the circumstances, the custodial officer’s explanation that the accused needed an estimated twelve hours to become sober and safe enough to release. The police need not have monitored the accused continuously to ensure his earliest possible release, and was under no duty to contact the loved ones of the accused.
- R. v. Hooyer (2016 ONCA) Theft — The accused enjoyed the power of attorney over the assets owned by a sufferer of dementia – even though he was told to enjoy the assets as if they were his own, the court found the accused to have been wilfully blind to his understanding, as a fiduciary, that the assets were to be used to provide for the owner.
- R. v. Nguyen (2016 ONCA) Conspiracy — Unlawful Purchase and Sale — The accused knowingly sold supplies used by his customers to grow marijuana illegally. While it could have convicted the accused of aiding the commission of the customers’ offences, the Court of Appeal held him not to have conspired with them, since the purpose of his conduct differed from theirs.
- R. v. Tatton (2015 SCC) Arson — The Supreme Court of Canada held arson to be a general intent offence that is committed not merely by setting a fire, but by damaging property with fire – according to the court, the accused’s guilt hinges on whether he or she intentionally or recklessly caused damage to the property in question.