Product Details
978-0-7798-7958-8
Book S.O. + CD-ROM
Annual volumes supplied on standing order subscription
1150 pages
1 volume bound
hardcover
2017-08-03
Canada Law Book

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Martin's Ontario Criminal Practice, 2018 Edition + CD-ROM
Availability: In Stock
$123.00
Description

Martin's Ontario Criminal Practice offers the most current and authoritative explanation of the rules of practice in Ontario's criminal justice system.

A comprehensive review of:

  • Criminal Appeal Rules
  • Criminal Proceedings Rules of the Superior Court of Justice (annotated)
  • Rules of the Ontario Court of Justice in Criminal Proceedings (annotated)
  • Provincial Offences Act (relevant sections and regulations, annotated)
  • Regulations governing appeals under the Provincial Offences Act

Value-added features:

  • Expanded case law
  • Ontario Review Board Rules of Procedure
  • An updated list of courts, agencies and ministries organized by region
  • Concordance with cross-referencing to the former rules followed by the Administrative Guidelines of the Ontario Court of Appeal
  • Forms on CD-ROM

 

New in this edition

Martin’s Ontario Criminal Practice, 2018 Edition includes:

  • R. v. A.E., 2016 ONCA 243 – A refusal to extend the time in which a party may appeal a decision in a Part III proceeding was held to itself be a “judgment” within the meaning of subs. 131(1), and thereby authorizes a court of appeal to hear the appeal of the refusal.
  • R. v. MacKay, 2016 BCCA 391 – The accused was denied disclosure of the notes of a CI’s handler and of the debrief reports relating to the CI, after having found the affiant in the ITO to have neither relied on nor known of the information contained in these materials – the defence would have needed to establish their likely relevance to an issue on the application.
  • R. v. Oland, 2017 SCC 17 – In an application for bail pending appeal, the court should consider the two components of (1) public safety, and (2) public confidence in the administration of justice.  For the latter consideration, the Supreme Court of Canada found the factors identified in s. 515(1) of the Criminal Code to be instructive.
  • R. v. Perkins, 2017 ONCA 152 – While an appellate court may reopen a sentence appeal where all information had not been considered earlier, it has no jurisdiction to reopen a sentence appeal in light of new events and circumstances that had not yet existed at the time of sentencing.
  • R. v. Staples, 2016 ONCA 362 – In a s. 684 application, the court must ask: (1) Does the applicant have the means to hire counsel privately?  (2) Has the applicant advanced arguable grounds of appeal? and (3) Does the applicant have the ability to effectively advance his or her appeal without the assistance of counsel?
  • World Bank Group v. Wallace, 2016 SCC 15 – To obtain third party records in a Garofoli application, an accused must show a reasonable likelihood that the records will be of probative value to the narrow issues in play, such as the knowledge of the affiant of an ITO.  Consequently, a production order requiring production of records that had never been disclosed to the RCMP should not have been issued.
About the Author
Marie Henein, LL.B., LL.M., of Henein Hutchison, LLP, practises in the areas of criminal law and administrative law at both the trial and appellate levels. One of the leading criminal lawyers, she is certified by the Law Society of Upper Canada as a specialist in criminal litigation and was the co-director of the Osgoode Hall Law School part time LL.M. program. Ms. Henein is the past President of the Advocates' Society and has lectured extensively in the area of criminal law.
Eddie Greenspan, was one of Canada's leading criminal defence lawyers and founding partner of Greenspan Partners LLP. He acted in some of Canada's highest profile cases as well as being an acclaimed author and lecturer.
The Honourable Justice Marc Rosenberg was called to the bar of Ontario in 1976 and practised criminal law almost exclusively until being appointed to the Court of Appeal for Ontario in 1995. He served as Director of the Criminal Lawyers' Association from 1987 to 1991 and was actively involved in the Association's educational programs for many years. He wrote many articles and papers mostly related to criminal law, evidence and the Canadian Charter of Rights and Freedoms.